(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "[Provincial and state papers]"

974.2 
N41 

V R 

1136865 



GENEALOGY COLLECTION 



WA^iffflMftflf . PUBLIC LIBRARY 



3 1833 01092 3347 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/provincialstatepv6newh 



Mncfol f ajww. 



DOCUMENTS AND RECORDS 



RELATING TO THE 



PROVINCE OE NEW-HAPSHIEE, 



FEOM 1749 TO 1763 



Containing very valuable and interesting Records and Papers relating to the Crown 
Point Expedition, and the "Seven Years French and Indian Wars," 1755-1762. 



PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW HAMPSHIRE. 



VOLUME VI- 



COMPILED AND EDITED BY 

NATHANIEL BOXTTON, D. IX,. 

Corresponding Secretary of the New Hampshire-Historical Society. 



MANCHESTER: 
JAMES M. CAMPBELL, STATE PRINTER 
1 872. 



NOTICE. 



Joint Resolution, passed by the Legislature of New-Hampshire- 

Resolved by the Senate and Souse of Representatives, in 
General Court convened, That his Excellency the Governor be 
hereby authorized and empowered, with the advice and consent of 
the Council, to employ some suitable person, and fix his compensa- 
tion, to be paid out of any money in the treasury not otherwise 
appropriated, to collect, arrange, transcribe and superintend the 
publication of such portions of the early State and Provincial 
Records, and other State Papers of New-Hampshire, as the Gov- 
ernor may deem proper ; and that eight hundred copies of each 
volume of the same be printed by the State Printer and distributed 
as follows, namely : one copy to each City and Town in the State, 
one copy to such of the Public Libraries of this State as the 
Governor may designate, two hundred copies to the New-Hamp- 
shire Historical Society, and the remainder placed in the custody 
of the State Librarian, who is hereby authorized to exchange the 
same for similar publications issued by other States. 

Approved July 6, 1866. 



EDITOR'S PREFACE. 

' 1133865 

Most of the contents of this volume will be found of great historic 
interest and value. The controversy between the House of Representa- 
tives and his Excellency Benning Wentworth, on his right to negative 
their choice of a Speaker and to determine what towns were entitled to 
Representation ; the conspiracy for his removal from office ; the official 
proceedings of the Government and the part the Inhabitants of the Prov- 
ince took in the expedition against Crown Point, and iu the long, expen- 
sive and bloody French and Indian wars ; the extension and growth of 
settlements in the northern and western sections of the Province ; the 
action of the government in favor of Rev. Eleazer Wheelock's plan for 
instructing the Indian tribes ; and the very important and copious public 
documents interspersed through the volume — all these give it a special 
value, and entitle it to a careful perusal and to frequent reference, by all 
who wish to become well versed in our Provincial history. 

Readers of this will please turn to page 320 and read the " Note by the 
Editor," explanatory of a change or modification of the plan heretofore 
pursued. But, all may be assured, that the portions of the Journal of the 
House which appear, were copied entire and exact. The "Records of 
the Council" are also complete; and the numerous letters, documents, 
&c, which are interspersed are meant to be a literal transcript of the 
original. 

The VII th and last volume of Provincial Papers will be one of more 
than ordinary interest and value, as it will embrace all records, papers 
and documents, to be found, relating to the ante-revolutionary period, 
with the administration of the last of the Royal Governors of the Prov- 
ince—His Excellency John Wentworth, Esq. 



GENERAL CONTENTS. 



VOLUME VI. 



Pages. 
Administration of Gov. Benning Wentworth- continued, 1749-1763 

Records of his Majesty's Council, 1750-1757 . . . 1-38 

Order by the Governor, relating to Iron forge, &c. . . 8 

Order of Court relating to an Indian 9 

Correspondence— A conspiracy for the removal of Governor 

Wentworth from office 39-68 

Notice of Hon. Richard Waldron, Secy 39 

Notice of Col. Isaac Royall 41 

1749. Journal of the House of Representatives, continued 

from Vol. V.j p. 590 69-126 

Richard Waldron chosen Speaker 71 

Disallowed by the Governor 71 

Controversy between the Governor and House, relating to 
the Speaker and the right of certain Towns to be repre- 
sented 71-126 

Governor's Messages (1) . . 71, 72, 83, 86, 88, 101, 112 
Answers of the House to Governor's Messages, 71, 73, 74, 

79, 85, 102, 104, 105, 106, 110, 113. 
Additional Instruction to the Governor by the Lords Jus- 
tices 82 

Address to his Majesty by the Assembly .... 89 

Address to his Majesty . . 93 

Draft of another address to his Majesty .... $9 

1750-1. Governors Messages . . .115, 116, 117, 119, 122, 124, 125 

Answers of the House thereto, . . . 115, 116, 117, 119, 120 

Coroner's inquest 125 

Assembly dissolved 125 

1752. A New Assembly called, "Journal of the House," resumed 127-295 

" New Style " introduced in New Hampshire, 1752 . . 127 

Names of members of the House 127 

Governor's Messages ....... 130, 137, 160 

(1) The messages of the Governor and answers thereto each year, are noted by 
pages, in the order in which they were presented.— Ed. 



VI 



GENERAL CONTENTS. 



Answers of the House thereto .... 

Rules of the House 

Instruction from Lords of Trade and Plantations 
Letter to John Thomliuson, Esq., agent 



Pages. 

. 136 

133 

. 138, 139 
144 



Report of Attorney and Solicitor General to Lords Com- 
missioners of the Treasury, in relation to reimbursing 



211 



218, 



Coos 



fund, &c 

Letter to Richard Waldron from Richard Partridge 
Memorial for settlement of the Coos country 
Governor's message relating thereto . 
Letter from Theodore Atkinson respecting the same 
Letter to Capt. Phineas Stephens about Coos . 

1753. Governor's messages .... 181, 197, 200 
Answers of the House thereto .... 
A Provincial House recommended 
Report of Committee on Cutting Roads to and from 
Letter from Capt. Israel Williams relating to Coos 
A plan of the Province by Geo. Mitchell, &c. 
Address to his Majesty — on the subject of currency 
Letter from John Thomliuson, Agent 
Report of the Attorney and Solicitor General relating to 

certain Townships and Tracts of Land, west of Con 
necticut river 

Letters from Earl of Holdernesse .... 
from Lords of Trade, &c. .... 

Letter from Col. Eben r Hinsdale, relating to Indians 

1754. Names of members of the House, 1752 
Governor's messages, 231, 258, 2G2, 277, 290, 292, 296, 300, 

321, 325, 329, 335. 
Answers of the House thereto, 243, 275, 287, 324, 332, 336, 337 

The Province Goal, broken open by a mob ... 262 

Correspondence relating thereto — murder of Sabatis and 

Plausaw^ay, Indians 262-265 

Letters from Gov. Shirley of Massachusetts . . . 277-279 
Letter from Gov. Shirley relating to Union of the Colonies 279 

Report of Committee relating to the purchase of a house 

for the Governor . 280, 289 

Commissioners to treat with the Six Nations of Indians, &c 

Letter from Lt. Gov 1 ' DeLancey of New York . 

Resolution of Assembly of New York 

35uilding a Fort in the Coos country . 

Letter from Gov 1 ' Shirley to Gov r Went worth 

Governor's Message relating to the General Congress at 

Albany, &c 

Treaty of Peace with the Penobscot Indians 
SrECiAT, Conventions, called August, 1754 . 

Names of members in the first Special Convention 



144-146 
146 

153-166 
160 
161 
163 
231 
173 
197 
198 
199 
200 
223 
226 



228 
233 
235 
236 

238 



283 
283 
284 
283-287 
291 



292 
292, 293 
295-301 

296 



GENERAL CONTENTS. 



Vll 



Message of Gov r Wentworth, to first Convention 
Letter from the Governor, and proceedings of Convention 
Message of Gov r Wentworth to Second Conven 
Indian Troubles at Stevens-Town and Vicinity 
Depositions. — Of James Lindsey . 

William Stark . 

Lieut. William Miles 

William Emery 

Elizabeth Miles 

Amos Eastman 

Nathaniel Maloon . 

Ann Lindsey 

John Flanders . 
Memorial of John Stinson .... 
Memorial of William Stark, Amos Eastman 
Stark 



and 



John 



Further Indian Hostilities . . 

Letter from Elisha Chapin to Col. Israel Williams 
Letter from Col. Williams to Hon. Josiah Willard 
Letter from Col. Blanchard to Gov 1 Wentworth 
Letter from Capt. Phineas Stevens to Col. Hinsdale 
Letter from Major Bellows to Col. Blanchard 
Letter from Col. Blanchard to Gov r Wentworth 
Letter from Lt. Col. Willard to Col. Blanchard . 
Letter from Lt. Col. Willard to Gov r Wentworth 
Letter from Ebenezer Hinsdale to Col. Williams 
Letter from Capt. John Gofle to Col. Blanchard 
Letter from Col. Blanchard to Gov 1 ' Wentworth 
Names of men in service on Merrimack River . 
Names of men on Connecticut River, under Major Bellows 
Names of men near Keene and Fort Dummer, under Col 

Willard 

Note by the Editor 

Journal of the House — 'resumed 

Letter of Sir Thomas Robinson to Gov. Shirley 
Address of the Assembly to Gov r Wentworth . 
Letter from Enos Bishop to Rev. Jedediah Jewett 

Captivity of James Johnson 

Passport of the Governor of Montreal to James Johnson 
Letter from Gov r Shirley to Gov 1 ' Wentworth . 
Vote of the General Assembly of Massachusetts 
Captives in Canada .... 

Muster Rolls 

Relating to Justices of the Superiour Court 
Division of the Province into Counties 



1755. 



Pages. 

297 
297, 298 
300 
301-309 
301 
302 
302 
303 
303 
305 
306 
306 
307 
308 

309 
310-319 
310 
310 
311 
312 
312 
313 
313 
314 
315 
315 
317 
318 
318 

318 
320 

320-384 
323 
324 
330 
330 
331 
334 
335 

335-337 
337 
339 

342, 346 



Vlll 



GENERAL CONTENTS. 



Pages. 
Messages from the Governor, 343, 348, 349, 355, 365, 368, 

369, 372, 379, 386, 400, 406, 409, 415, 418, 420, 427, 438, 

444. 
Answers of the House thereto, 348, 361, 366, 371, 372, 391, 

403, 406, 409, 419, 442. 
Journal of Walter Bryant in running the line between New 

Hampshire and the Province of Maine, 1741 . . 349-351 
Letter from Sir T. Robinson to Gov. Wentworth, relating 

to the defence of the Colonies . . . . 353 

Messages of the Governor relating to the same . . 355-357, 365 



er of 



solu 



Message of Gov. Shirley on the same . • . 

Report of Committee in Mass a on Gov. Shirley's message 

Report of Committee in N. H. on Gov. WeDtworth's message 

Letter from Gov. Shirley to Gov. Wentworth 

Memorial of Joseph Frye to Gov. Shirley . 

Letter from Gov. Shirley .... 

Report of Committee on Gov rs Message relating to enlist 

ments for the Western Expedition 
Extracts from his Majesty's Commission to Gov. Went 

worth, &c 

Crown Point Expedition 

Expedition to Crown Point, Gov rs message and answ 

the House 

Sundry papers relating to Crown Point Expedition 
Letter from Lieut. Gov. Phipps of Mass a . 
Letter from Lieut. Gov. DeLancey of New York 
Answer of N. Y. Assembly to the foregoing, and Re 

tions 

Letter from Col. William Johnson 

Letter from Col. Wendell, relating to Crown Point 

Order of Gov. Wentworth relative to the Crown 

forces 

A Special Convention, called June, 1755 . 

Gov 1 ' 8 message, relating to Crown Point 

Papers accompanying the message 

Letter from Gov. Shirley .... 

Gen. Johnson's letters to Gov. Shirley 

Wm. Alexander to Gov. Shirley . 

Answer to Gov rs message, above 

Gov Shirley's letter, relating to Crown Point 

Resolves of New York Assembly 

Report of Massachusetts Committee . 

List of Articles provided by Committee of War 

Name of members of Convention 
Journal of the House — resumed 

Minutes of Council at Alexandria, Va., April 14, 1755 

Massachusetts' act to prevent trading with the French 



Point 



358 
359 
361 
363 
364 
365 

366 

370 
368-729 

372 

373-375 

377 



380 
381 
382 

384 

386-399 
386 

3S7-391 
387 

388-390 
390 
39 L 
392 
394 
395 
396 
399 

400-530 
401 
401 



GENERAL CONTENTS. 



IX 



1756. 



Sundries for the Crown Point Expedition 
Letter from Gov. Shirley- 
Letter from Lt. Gov. Phipps 
Vote of Massachusetts to raise 500 men 
Letters from Admiral Boscawen 
Letter from Col. Eben 1 ' Hinsdale, relating to an attack by- 
Indians on Hinsdale's fort .... 
Letter relating- to the defeat of Gen. Braddock 
Letter from Col. Blanchard, on march to Albany 
Gov. Wentworth's order on Gen. Johnson for provisions 

Letter from Maj. Gen. Johnson 

Minutes of Council of War, August, 1755 . 

Letters from Lt. Gov. Phipps 

Letter from Gov. Fitch of Connecticut 

Letter from Lt. Gov. DeLancey 

Letter from Col. Blanchard ...... 

Letter from Gen. Shirley to Gov. Wentworth 

The Baron de Dieskau, notice of .... 

Account of Crown Point Expedition, by Sec^ Atkinson 

Letter from Gov. Shirley 

Letter from Lt. Gov. Phipps 

Letter from Gov. Fitch, of Connecticut 

Report of Committee in Massachusetts 

Letter from Maj. Gen. Johnson to Gov. Wentworth . 

Governor's messages, 453, 459, 480, 484, 487, 503, 505 

513, 517, 521, 534, 538, 542. 
Answers of House thereto, 454, 483, 486, 511, 512, 515. 
532, 540, 549. 

Letter from Col. Hinsdale 

Letter from Gen. Shirley to Gov. Went worth 

Council of War at New York, Dec, 1755 .... 

Proposal for an attempt against Ticoncleroga and Crown 
Point 

Report of Committee on the same 

Letter from Josiah Willard to Gov. Wentworth 

Resolve of the Assembly of New York .... 

Petition of Ezra Carter and Johu Chandler, of Rumford . 

Letters from Maj. Gen. Shirley to Gov. Wentworth . 

Instructions for Committee of Massachusetts going to 
Albany 

Proportion of Ordnance, &c, for Crown Point Expedition 

Answers to sundry Queries 

Letter from Gov. Shirley to Gov. Wentworth 

Muster Rolls 

Allowance for wages of five hundred men for Crown Point 

Letter from Gov. Shirley to Gov. Wentworth 

Grant of £30,000 for Crown Point Expedition . 



511, 



519, 



Pages. 

403 
404 
407 
407 
408 

412 

413,414 
415 
416 
421 

422 
424-426 
426 
427 
429 
432 
438 
439 
445-446 
445 
445 
447 
449 



458 
460 
463 

467 
469 
471 
474 

477 
480, 489 

490 
493 
498 
499 
500 
504 
505 
506 



GENERAL CONTENTS. 



Instructions for agents sent to Albany 

Letter from Gen. John Winslow to Gov. Wentworth 

Letter from Col. Nath 1 Meservc to Gov. Wentworth 

Special Convention, called Sept., 1756 

Message of Gov Wentworth .... 
Letter from the Earl of Loudoun to Gov. Wentworth 
Names of members of the Convention 

Journal of the House, resumed .... 
Earl of Loudoun's letter to Gov. Wentworth 
Orders to the Agent at Albany, about provisions 
Copy of the King's warrant on the Treasury for £115,000 
Letter from Messrs. Handbury & Thomlinson to Gov 
Wentworth 



566, 571, 575, 576, 578, 
601, 



1757. Governor's messages, 552, 559, 565 
583, 591. 594, 599, G02, 611. 

Answers of the House thereto . 564, 577, 578, 586 

Letter from Theo. Atkinson, Esq., to Gov. Wentworth 

Earl of Loudoun's application for more forces . 

Proportion of men to each Colony .... 

Earl of Loudoun's answer to sundry Queries 

Earl of Loudoun's determination on sundry points 

Act for raising 500 men 

Letter from J. West, Sec^ of the Lords Commissioners 

Letter from Gen. John Winslow and Memorial . 

Earl of Loudoun's letter 

Letters from Hon. Wm. Pitt, SeO' .... 

Letter from Gov. Wentworth to Gen. Webb 

Petition of Maj. John Gilman 

Special Convention called, June, 1757 .... 

Correspondence : 

Letter from Lord Loudoun to Gov. Wentworth 

Gov. Wentworth's answer to the above 

Letter from Secretary Pitt to Gov. Wentworth . 

Letter from Gov. Wentworth to SecJ" Atkinson . 

Letter from Peter Bours, R. L, to SeO" Atkinson 
Records of Council. 1758-1763. — Continued from v. 38 

Letter from Capt. Joseph Mead, asking to impress seamen 

Letter from SecJ' Atkinson to Capt. Mead 

Commission of Hon. John Temple, Lt. Gov. of the 
Province 

Commission of Theo. Atkinson, jun., Sec'y of the Province 
1758. Journal of the House — resumed from p. 618 . 

Governor's messages, 635, 640, 646, 648, 654, '655, 656, 662, 
666, (567, 671, 674, 678, 683, 690. 

Answers of the House thereto . . . 650, 655, 659, 



Pages. 

527 
529 
530 

534-538 
534 
535 
537 

538-600 
539 
539 
543 

544 



606, 608 
556 
556 
559 
560 
561 
569 
571 

571, 572 
595 

596, 597 
598 
600 

601-608 

608 
609 
610 
614 
615 
619-633 
626 
626 

630 

631 

635-848 



667, 694 



GENERAL CONTENTS. 



XI 



1760. 



1761. 



Earl of Loudoun's letter relating to Rangers 
Letter from Andrew Oliver, Boston, and answer 
Letter from Lieut. Wm. Cook of the Royal Regiment 
Commissioners to meet in Boston 
Earl of Loudoun's letter about Rangers 
Notice of Mrs. Jemima How and other captives 
Letter from Gov. Wentworth .... 
Letter from Secretary Pitt, relating to prosecuting the 
Letters from Gov. "Wentworth to Sec3* Atkinson 
His Majesty's 2d ttx Instruction . 

Address to his Majesty, Geo. II 

Taverns in New Hampshire, number in towns . 
Address to his Majesty in Council 
Messages of Gov. Wentworth, 701, 701), 711, 713, 
Answers of the House thereto .... 
Letter from Secretary Pitt, relating to the war . 
Letter from Gen. Amherst to Gov. Wentworth . 
Letter from Secretary Pitt, on prosecuting the war 
Division of the Province into Counties 
Messages of Gov. Wentworth .... 727 
Answers of the House thereto .... 
Letter from Gen. Amherst to Gov. Wentworth . 
Names of towns in the Province, to be taxed 
Petition, in relation to fish in the Merrimac river 
Death of his Majesty King George, the 2 d . 
Messages of Gov. Wentworth . . 759, 777, 780 
762 



1762. 



825, 



Answers thereto .... 
Letter from Secretary Pitt to Gov. Wentworth . 
Address to his Majesty, King George, the 3d 
Address of ministers in the Province to the same 
Letter from Gen. Amherst to Gov. Wentworth . 

Address to his Majesty 

Letter from Gov. Wentworth to Secy Atkinson . 
Messages of Gov. Wentworth . . . 802, 810 

Answers thereto 

His Majesty's 24 th Instruction to Gov. Wentworth 
Letters from the Earl of Egremont 

Letters from Gen. Amherst 

An Act for raising £10,000 sterling- 
Abstract of Muster Rolls, 1761, in Col 
Letter from Gov. Wentworth 
Petitions for and against a Play-house inPortsm — names 
Rev. Eleazer Wheelock — memorial, &c. 
Special Convention, held July, 1762 . 

Governor's message .... 
Letters from Si ^Jeffrey Amherst 
Report of Committee .... 



715 



729 



7^5 
778 



837- 



Pages. 




636 




637 




641 




642 




643 




645 




653 




656 


667 


, 684 




674 




684 




686 




700 


718, 


721 


710 


720 




703 




705 




714 


722 


749 


746 


756 


732 


735 




730 


742 


760 




753 




758 


791 


796 


780 


785 




775 




782 




783 




796 




798 




801 


850, 


854 


835, 


858 




803 


810, 


811 


812, 


014 




818 




823 




824 


831 


-835 


840, 


862 


845 


-849 




845 




846 




847 



Xll GENERAL CONTENTS. 

Pages. 
Letter from Andrew Clarkson, clerk, to Sr. Jeff. Amherst, 849 

Letter from Sir Jeff. Amherst 851 

Letters from Gov. Wentworth 853, 854 

Letters from Theo. Atkinson, sen., to Mr. Thomlinson . 855, 856 
Letter from Hon. James Nevin, in London, to Theo. Atkin- 
son 856 

1763. Governor's Messages . . .... 860, 872, 879 

Answers thereto 875, 882 

Testimonial of ministers in Connecticut to Rev. Eleazer 

Wheelock 862 

Answer of ministers in New Hampshire, thereto . . 863 

Treaty of Peace, at Paris, February 10, 1763, abstract of . 873 

Miscellaneous Papers 886 

I. Correspondence between John Thomlinson, Esq., Mr. 

Secretary Atkinson, Henry Sherburne, jun.. & others, 886-896 

The Mason Purchase 893 

Mason's title 895 

II. Copy of a Representation of the Lords of Trade to 

King- George II., respecting New Hampshire . . 896-904 

III. Report of Agents impowered to receive money, &c, 905-907 

IV. Commissions of Gov. Benning Wentworth from his 

Majesty, George III., 1760 908-915 



Names of members of his Majesty's Council in the Province of 
New Hampshire, under the Administration of Governor 
Benning Wenticorth, 1749 to 1763. 

Appointed in 1728. HENRY SHERBURNE. Died Dec. 29, 1757. 

1733. ELLIS ilUSKE. Died 1755. 

1734. THEODORE ATKINSON. 

1739. RICHARD WIBIRD. 

1740. SAMUEL SMITH. Died May 2, 1760. 
1740. JOHN DOWNING. 

L743. SAMUEL SOLLEY. Died in England, 1758. 

1745. SAMPSON SHEAEFE. 

1753. DANIEL WARNER. 

1754. JOSEPH NEWMARCH. 

1759. MARK HUNKING WENTWORTH. 

175!). JAMES NEVIN. 

17(51. WILLIAM TEMPLE. 

1761. JOHN NELLSON.(l) 

1763. THEODORE ATKINSON, Jun. 

1763. NATHANIEL BARRELL. 

(1) Never took the oaths of olliee, and never sat in the Council.— Ep. 



NEW-HAMPSHIRE 

PROVINCIAL PAPERS 



VOLUME VI. 



RECORDS OF THE COUNCIL. 

[The Records of his Majesty's Council which follow, continued from 
page 133, of volume v, "Provincial Papers," are copied from a MS. vol- 
ume in the office of Secretary of State, labeled, ''Council Records, 
1742 to 1767." Pages in the margin correspond with the Record from 
which the copy is made.— Ed.] 

[p. 53.] At a Council holden at Ports in , according to his Ex- 
cellencys Sumons, Jan y 3 d 1749, [50.] 

Present 
His Excelency, Benning Wentworth, Esq. Gov r . 
Henry Sherburne 1 t i -^ • \ 

Theodore Atkinson L John Downing ) 

Rich'Wibird f Ls 1 s - gam'Solley V-Esqs. 

Sam' Smith J Sampson Sheaffe ) 

His Excelency laid before the Board Sund ry Petitions from the 
Inhabitants of Haverhill District so called desiring that they may 
be incorporated into Towns or Parishes as his Excelency with the 
advice of the Council should think proper so that they may be en- 
abled to transact Town or Parish affairs which in their present 
scituation they were not impowered to do — To which the Council 
gave the following advice — That his Excelency be desired to in- 
corporate the people into Townships agreeable to or near as may 
be to the report [of] a Comittee heretofore appointed by his Ex- 
celency with the advice of y c Council to survey <fc report thereon 
& the Plan exhibited by the Petitioners. 

[p. 54.] His Excelency acquainted the Council that he had re 
ceived many Petitions from the Inhabitants of this Province for 



- Province ov new-Hampshire. [1750. 

granting Lands within the same and proposed to them the grant- 
ing to such of the inhabitants of each town within this govern- 
ment that sent a member to the Assembly as should be tho't most 
likely to settle & improve the same, a Township of six miles 
square under the restrictions & Quitrents directed to in his Maj 
esties Instructions to which Ids Majesties Council did advise & 
■ consent. 

His Excelency laid before the Board a Petition of Coll. Wil- 
liam Williams & others praying a Grant of a township at a place 
called Melloomscott (1) on the western part of this government 
agreeable to a plan by s d Williams exhibited which was alsoe laid 
before the Board. 

And then asked his Maj tys Council weither they would advise to 
the making a grant of the s' 1 township agreeable to his Majesty s 
Instructions. 

To which the Council did advise and consent. (2) 



At a Council liolden at Portsmouth according to his Excelencys 
Summons on Wednesday Feb 5 ' 14 th 1749 — 
Present — His Excelency Benning Wentworth, Esq. Governour. 
Ellis Huske ^ Sam 1 Smith ^ 

Theod. Atkinson l-Esqs. John Downing v-Esqs. 

Rich' 1 Wibird ) Sampson Shealfe ) 

[p. 55.] The memorial of Benjamin Rolfe Esq. in the name and 
behalf of the Inhabitants of Rumford so called within this Pro- 
vince praying that they may be incorporated into a Township &c. 
read and ordered that the Petitioners serve the selectmen of the 
Town of Bow with a copy of the said Petitioned notify them 
that they appear before the Govern 1 " & Council on the 8 th day of 
May next then tfc there to shew cause why the passage of the Pe- 
tition should not be granted. (3) 

His Excelency laid before the Board Mr. Agent Thomlinsons 
Tetter of the 3 d of December 1749 tfc sundry papers referred to in 
the said letter relating to a report from the Lord Comissioners for 
tirade and Plantations to the Lords of the Comittee of Council 

(1) This should be Walloomsach, which is now the name of a river in Vermont, 
Conned by the union of several streams in Bennington, and, flowing W. unites with 
ffoosie river in Hoosic township, N. V. Bennington was the tirst township granted by 
Gov. Benning Wentworth, west of the Connecticut river, and was so named in honor 
of the Governor. The charter was granted January 3, 1749—50. William Williams is 
tirst named as one of the grantees. [See MS. Charter Kecords in See'v'softiee, Vol. 1. 
p. 47.]— BSD. 

(2) It should be noted that this grant was at the extreme western terminus of the 
territory claimed by New Hampshire— touching the boundaries both of Massachusetts 
and New York. It gave rise to the great controversy subsequently, about the N. H. 
Grants.— Ed. 

(8) See Bouton's Hist, of Concord, p. 208. The abovesaid Petition of Col. Benj. 
Bolte is on lib' in bundle of papers now in N. II. Hist. Soc.Lib. indorsed, "Doc. No. 2. 
A." Also a counter petition of Selectmen of Bow, indorsed, " Doc. No. 2, B." 






1750.] RECORDS OF THE COUNCIL. 3 

relating to Fort Dumraer with an acct annexed of the charges of 
supporting Fort Dummer from November 1744 to October 1748 
by the Province of the Massachusetts Bay &c. & the agent desire- 
ing that his Excelency & the Council would imediately procure 
such proofe as directed to in s d letter and forward them properly 
authenticated to be made use of before the Lords of the Comittee 
aforesaid, which letter & papers having been read his Excelency pro- 
posed that a Comittee of this Board be immediately directed to 
procure all such evidences as may be tho't necessary for answering 
the ends aforesaid to which the Council did advise & consent & 
accordingly Ellis Huske, Richard Wibird, Samuel Smith, John 
Downing & Sampson Sheaffe Esqrs. are appointed for the ends 
aforesaid, & 'tis further advised by his Majesties Council that his 
Excelency would direct that the Kings attorney & the Secretary 
give their advice & assistance to the said Comittee in every thing 
necessary to that end and that his Excelency give his Warr* upon 
[p. 56.] the Treasury for such sum to be paid to the said Comittee 
as will answer the necessary expense of the said affair thus comit- 
ted to them. 



At a Council holden at Portsmouth according to his Excellencys 
Sumons on Fryday the 16 th of Feb y 1749— 
Present — His Excellency Benning Wentworth Esq. Governour 
Theodore Atkinson ") -^ John Downing ") -^ 

Sam 1 Smith j ^ l Sampson Sheaife j ^ 

His Excellency laid before the Board the several letters & pa- 
pers from the agent as mentioned the 14 th inst. and acquainted the 
Board he intended to prorogue the General Assembly for about 
three weeks there not being at present above four or five members 
of the House attending & that he proposed that the Secretary 
should write Circular letters to the respective members to give 
their attendance at the day to which the General Assembly should 
be prorogued in order that they may be informed what dangers 
the interests of the Province is in unless some due measures are 
pursued to which the Council did advise. 



At a Council holden at Portsmouth according to his Excellencys 
Sumons on Wednesday March 22 d , 1749 — 

Present 
Ellis Huske ) Sam 1 Smith ") 



Theodore Atkinson V Esqs. Jno Downing v Esqs 
Rich d Wibird ) Sampson Sheaffe ) 

Upon the request of the selectmen of Newtown setting forth that 



4 PBOVINCB OF NEW-HAMPSHIRE. [1750V 

the town of South Hampton had voted off thirty Inhabitants of" 
[p. 57.] s d town to be annexed to Newtown and praying the au- 
thority of this Board to invest the s d thirty men with power to 
transact with the town of Newtown in all town affairs excepting 
the repairing the highway &e. which request was alsoe made by 
the s d persons so polled off. The matter being debated at the 
Board, Resolved that an order be drawn up to answer the end 
proposed, which being accordingly done and read at the Board or- 
dered that the same be engrossed & laid before his Excellency the 
Governour for his assent & that he be advised to affix the seal of 
the Province to the same which was accordingly don and entered 
in the book of Charters — Pages 58 & 59. (1) 

(In the margin)— "Copy'd & delivered the gov'r to send to England.'" 



At a Council holden at Portsm according to his Excelency& 
Sumonsori Thursday the May 3 d 1750. 
Present — his Excelency Benning Wentworth, Esq. Governour. 
Theodore Atkinson ") t i t^ • ^ 

Sam' Smith \ Sampson Sheafte | 

The petition of Joseph Peasley and about 27 others inhabitants 
of the district of Methuen praying" that they together with some 
adition out of the westerly end of Haverhill District may be incor- 
porated into a Township by such metes and bounds as described 
in a plan exhibited by the petitioners, upon reading which 'tis or- 
dred that the parish of Windham <fc those people on the west part of 
Haverhill afore 8 * 1 be notified to appear at this Board the 9 th inst. 
to shew cause if any they have why the prayer ot the petition 
should not be granted. 



[p. 58.] At a Council holden at Portsm according to his Ex- 
celencys Orders on Thursday May the 9 th 1750. 
Present — His Excellency Benning Wentworth, Esq. Governour. 
Theodore Atkinson ) p, Sam 1 Solley ) ^ 

Rich* Wibird j luS ^' Sampson Sheaffe j ^ sqs * 

The Council took under consideration the Petition of Peasly & 
others as entered the 3 d inst. & haying received from the Inhabi- 
tants of Windham by the hand of one of the selectmen of s d Wind 
ham a memorial signifying their consent that the Petitioners might 
be set off mtirely and not polled off only — and the other persons at 
the west end of Haverhill being notified also & not appearing to 

(1) The jibovesaid is found in "Charter Records" in Sec'y's office, Vol. I, pp. 5S, 59. — Ed. 



1750.] EECOKDS OE THE COUNCIL. 5 

shew any reasons why the prayer of the s d Petition should not be 
granted — Resolved that his Excelency be desired to grant a char- 
ter of Incorporation agreeable to the s d Plan & Petition with a 
clause to be inserted therein reserving to the Governour & Coun- 
cil a power of makeing such alteration hereafter as may be for the 
advantage of the said Inhabitants. 

The Petition of Oliver Partridge Esq. of North Hampton in the 
Massachusetts Bay in behalf of himself & others praying for a 
grant of a tract of his Maj tys Lands at or near a place called Cold- 
Tain to contain six miles square agreeable to a Plan exhibited — 
the said petition being read and debated his Excelency ordred 
[p. 59.] the question to be put to the Council weither they would 
advise him to make such a grant as above mentioned agreeable to 
his Majesties Instructions — to which the Council did unanimously 
consent. 



At a Council holden at Portsmouth according to his Excelencys 

•Sumons on Fryday May the 18 th 1750. 

Present 

Ellis Huske ] T , ^ . % 

rp , t a,i • John Downing ) 

Iheod. Atkinson -,-, , G „ & f v 

Sam' Smith J Sampson Sheaffe ) 

A Petition signed Samuel Miller Wm. Moore & others preferred 
by John GofTe, Esq. & Mr. Samuel Patten praying for a charter of 
Incorporation of the inhabitants of a place called Sowhegan East 
(1) in this Province being read & Joseph Blanchard, Esq. in be- 
half of the town of Merrimack also at the same time appearing & 
the parties being heard on the said Petition & agreeing where the 
line should run in case his Excelency with the advise of the Coun- 
cil should think proper to grant the Petitioners a Charter of In 
corporation — Mr. Goffe & Patten upon being asked declared that 
the sole end proposed by the petitioners was to be incorporated 
with privileges as other towns by law have within this Province. 

Upon which the Council did unanimously advise that his Ex- 
•celency grant a charter of Incorporation as usual in such cases. 

(1) Now called Bedford.— Ed. 



<> PROVINCE OF NEW-HAMPSHIRE. [1750. 

At a Council holden at Portsmouth according to his Excelencys 
Sun ions on Thursday June 21 st 1750. 
[p. GO.] Present — His Exeelency B. Wentworth, Esq, Governor. 

Ellis Huske ^ ^ * S 11 i 

Theod. Atkinson >Esqs. o £ k 6\ & r Esqs. 

Sam 1 Smith j Sampson Sheaffe / 

His Exeelency laid before the Board a letter he lately received 
from Gov' Com wall is dated Halifax the 8 th day of May last, ac- 
quainting his Exeelency that he had sent a detatchment to Chenuto 
who found the French from Canada &c. too numerous & that his 
s' 1 detachment tho't it their prudence to re-imbark the same day 
they landed & also referr'd him to a letter he had wrote to Lieut. 
Gov 1 " Phipps of the third of May last a copy of which letter his 
Exeelency also laid before the Board. 

And then asked his Maj tys Council what answer they would ad- 
vise him to make to the said letters. 

To which the Council did advise That his Exeelency acquaint 
Governour Cornwallis that the Council on their parte were ready 
<fc willing to do every thing in their power to promote the set- 
tlem' of his Maj tys province of Nova Scotia, but as the pay & sub 
sistance of any troops sent from hence depended on a grant of 
money from the House of Representatives who were not at pres- 
ent in a state of action they look upon raising of men at this time 
for that purpose impracticable. 

His Exeelency also laid before the Board a letter from Gov r 
Clinton dated from Fort George, New York, Jan y 6 th 1750, com- 
plaining that a grant of land lately made by this Governm* was 
partly within that Governm 1 etc. And then asked the Council 
what answer they would advise him to make. 

[p. 61.] To which the Council did advise that his Exeelency 
submit the determination of the Boundary line between the Prov- 
inces to his Maj tv & pray his favour in settling the same & to ac- 
quaint Governour Clinton of such his resolution. 



At a Council holden at Portsm According to his Excelencys 
Sumons on Thursday August 22 d 1750. 

Present — His Exeelency B. Wentworth, Esq. Governour. 

Henry Sherburne ] John Downing ^ 

Ellis Huske l E Sam 1 Solley VEsqs. 

Theodore Atkinson [ ^ I s ' Sampson Sheaffe ) 

Rich- 1 Wibird J 

His Exeelency laid before the Board a letter he re c d from his 
Exeelency Governour Clinton dated New York 25 th of July 1750 
relateing to the dividing line between the two governments ct de- 



1750.] RECORDS OE THE COUNCIL. 7 

siring if the affair was submitted to his Maj tys determination that 
his Excelency would exchange with him the representation he 
should make to his Maf y thereon — and that he would in this case 
send his representation to his Excelency here. 

And then asked the Council if they would advise to such an ex- 
change — to which the Council did advise & consent. 

His Excelency also mentioned to the Council the money grant- 
ed by Parliament for reimbursting the charge the Province had 
been at in the expeditions against Louisburg & the the intended 
expedition against Canada taking notice of the circumstances that 
attended the said Grant that at present it lay without any im= 
[p. 62.] provem* to the advantage of the Province — and then 
asked the oppinion of the Council therein that if any thing could 
be done for the service of the Province he was ready to joyn them 
therein — which matter being debated and several acts of Gov- 
emm* for emitting the said money being read & laid upon the ta- 
ble it was resolved that the future consideration of this affair be 
referr'd to the next meeting of the Governour & Council. 



At a Council holden at Portsm on Fry day August 31, 1750. 
Present — his Excelency Benning Wentworth, Esq. Governour 
Henry Sherburne ) Rich d Wibird | 

Ellis Huske v-Esqs. John Downing vEsqs. 

Theod. Atkinson ) Sampson ShearFe ) 

The Council again took under consideration the affair of the 
money in England granted by Parliament as mentioned the 22 d 
Instant and considering the several acts by which the money was 
emitted here and the directions from England thereon did not at 
present think it advisable to come to any resolution relating to the 
same. 

His Excelency laid before the Board the Act of Parliament past 
the 16 tk of November 1749 entituled An act to encourage the im- 
portation of Pigg & Bar Iron from his Maj tys Colleries in Amer- 
ica & to prevent the erecting of any mill or other engine for slit- 
ting or rolling Iron &c. And ordered that the same be made 
publick thro' out this Province by the High Sheriffs reading the 
same in the publick places of this town & th* y e Secy cause a 
Notification to be set up in several towns thro' out the Province. 



8 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Order by the Governor. 

[Copied from MS. Corr. in Secy's office, vol. II, p. 45] 
Province of New Hampshire 

JJy his Excelency the Governour 

All persons avIio are Proprietors of or are concerned in any mill or 
Engine for slitting and rolling of Iron or any Plateing forge to work 
with a Tilt-hammer, or any furnace for making steel within this govern- 
ment (if any such mill, engine, furnace or forge there are) are hereby re- 
quired to deliver or caused to be lodged in the Secretarys office on or 
before the 10 th day of October next a Certificate of their respective inter- 
ests or shares in such mill, Engine, Forge or Furnace Expressing 
therein the places where they stand, the Time when Erected & weither 
the same be used or not. 

Given under my hand at Portsm the 31 st day of August, 1750. 

B. Wentwobth. 
By his Excclencys command 

Theodore Atkinson, Sec- V 

Since issuing the above order, I do herein certify that there hath not 
been any certificate in or about the Premises above said, Bro't or lodged 
in the Secretarys office, & that there is not now nor ever was within this 
Province any such mill, Engine, Forge or Tilt-hammer 

B. W. 
By order of his Excelcncv, 

t. a. sy. 



[p. 63] At a Council holden at Portsmouth Sept. 2G th 1750. 

Present — His Excelency B. Wei it worth Esq. Governour 

Theodore Atkinson ") G l a -,, -^ 

-i>- i «i wi -l ( -Li bam 1 bolley } ■& 

Rich d Wibird >-Esqs. c & ,*, > Lsqs. 

c , i c , .., ( *■ bampson bheane J 1 

Sam 1 Ninth ) l J 

The High Sheriff bro't in & delivered his Excelency an order 
of his Majesties Superiour Court of Judicature for dismissing an 
Indian man named Nambrous who was committed to goal by a 
Warr* from Sam 1 Harte Esq. for attempting to kill Moses Win- 
gate by stabing him in the arm &c. and that his Excelency should 
be informed of the s <l order to the intent that his Excelency might 
make such order with relation to the s tl Indian as he should think 
proper. 



1750.] RECORDS OF THE COUNCIL. 9 

Order of Court, <&c. 
[Copied from MS. Corr. in Secy's office, vol. II, p. 51.] 
Province of New Hampshire — 
At his Majesties Supe r Court of Judicature held at Portsmouth in and 
for the Province of New Hampshire on the second Tuesday of Sep- 
tember being the Eleventh day of said month by adjournment from 
y e first Tuesday of August next foregoing, in the 24 th year of his 
Majesties reign, A. D. 1750. 

Present— The Hon ble Ellis Huske, Esq. Chief Justice 



The Honwe 5 Thomas Wamngford , Justiceg 



5 Esqs * 



An Indian man of Penobscot (as he saith) by y e name of Nambrous 
being committed to his Majesties goal in Portsmouth by warrant from 
Sam 1 Hart Esq. Justice of the Peace for said Province for attempting to 
kill Moses Wingit of Dover by stabbing him with a knife in the arm and 
body — no evidence appearing against him, the said Indian — to conyict 
him — It is considered by the court that the said Indian be acquitted and 
Discharged. And inasmuch as the Indian Nations are making Warrupon 
his Majesties subjects in New England, therefore Ordered that his Excel- 
lency the governour be Informed of this Courts order to Discharge the 
said Indian and that this court can hold him no longer, to the Intent that 
his Excelency may take order as he shall think fit concerning him. 

This order pass'd Sept. 26, 1750. 

Copy of Record— Attest Geo. Jaffrey, CI. 

Which [order] being read at the Board and in as much as the 
tribe to which the s d Indian belongs having coraitted hostilities 
against his Maj tys subjects of the neighbouring Governments the 
Council advised his Excelency to give the Sheriff orders to de- 
tain the s d Indian & his squaw that is now with him till further 
order of the Governour & Council. 



At a Council holden at Portsmouth by his Excelencys Sumons 
on Thursday December 13 th 1750 
Present — His Excelency Benning Wentworth, Esq. Governour. 
[p. 64.] 

Ellis Huske 1 John Downing 1 

Theocl. Atkinson V-Esqs. Sam 1 Smith V-Esqs. 

Bich d Wibird ) Sampson Sheaffe j 

His Excelency laid before the Board a letter dated Whitehall 
the 19 th July 1750 from the Right Hon ble the Lords Comissioners 
for Trade and Plantations directing his Excelency to send over to 
them with all possible dispatch the best acc ts he can get of the 
boundaries of the Province together with a Cart or Map thereof 
and all the accounts & vouchers to support the same particularly 
with relation to any settlement made by the English on the fron- 



10 PROVINCE OF NEW-HAMPSHIRE. [1751. 

tiers 'towards the lakes & mountains &to inform their Lordships 
weither the subjects of any foreign Prince have made any & what 
incroachments on the Province aforesaid & at what time. 

And then asked the Council what method they would advise 
him to take fully to answer the said letter. 

To which the Council did advise that hisExeeleney employ some 
suitable person or persons to make an exact Plan of the Province 
agreeable to the bounds mentioned in his Excelencys Comission, & 
if necessary to measure the course and distance between Piscata- 
qua river & curve line that is 3 miles north of Merrimack and 
that the exper.se thereof be paid out of the Treasury when acc f * 
thereof shall be laid before the Council and allowed. 

His Excelency acquainted the Board that the Goal-keeper had 
made frequent applications to him for some allowance for support- 
ing the Indians now in goal by order of the Governour & Council 
he having long supported them and having hitherto received no 
allowance therefor. 

Resolved that his Excellency be desired to grant his warrant or. 
the Treasury for ten pounds N Ten r to be paid out of the money in 
the treasury as fines to the said Pitman if any such money there 
is there. 



[i*. 05.] At a Council holden at Portsmouth by his Excellency? 
order on the 24 th day of Jan- V . 1750 — 

Present. 
His Excellency Benning Wentworth Esq. Governour. 
Theodore Atkinson ") p, John Downing ) ^ 

Rich d Wibird j " I s ' Sampson Sheaffe j ^' 

His Excelency laid before the Board a letter from his Excelen- 
cy G. Clinton Esq. Governour of New York dated the 18 of Decern • 
ber last acquainting his Excelency here that he had appointed a 
meeting of the six nations of Indians at Albany on the first week 
of June next and desiring he would be there in person or send 
Comissioners to consult on proper measures (with the other govern- 
ments) in order to retain the s' 1 six nations in the Interest of his 
Majesty & of his Provinces here, and that such Comissioners 
come properly furnished with presents &c. which letter being read 
his Excelency asked the advise of the Council in what manner 
they would advise him to an 8 the s d letter. (1) 

Upon which the Council answered that considering the present 
(inactive situation of the Government could not advise to any oth- 
er answer than acquainting his Excelency Governour Clinton of 
their hearty Inclination to cultivate a good understanding with the 

(i) The Letter of Gov. Clinton cannot be found.— Ed. 



1751.] RECORDS OF THE COUNCIL 11 

said six nations, & that they would readily joyn with the other 
brances of the Legislature in every reasonable thing to answer 
such an end, but at present think it improper to advise to the 
[p. 66.] sending any Commissioner, not being in their power to 
furnish them properly with suitable presents without which they 
apprehend the embassy would be of little service. 

Mr. John Ober from the town of Salem & Mr. Samuel Campbell 
from the Parish of Windham produced before the Board the votes 
of the s d town & Parish for altering the line between them as pr 
votes on file & prayed that his Excelency & Council would be 
pleased to alter the s d line agreeable to the s d votes & a Plan also 
exhibited but there being a petition' & complaint also exhibited 
by Sam 1 Morrison & others relating to the s d votes & line the 
Council suspended the consideration of the s d affair till a future 
meeting. 



At a Council holden at Portsmouth according to his Excelency's 
Sumons on Friday April 26 th 1751, 

Present 
His Excelency B. Wentworth Esq. Governour 

Ellis Huske ~} T h T) ' ") 

Theod. Atkinson V-Esqs. cn % > Esqs. 

R. Wibird ) Sampson Sheaffe j i 

The petition of Timothy D wight of North Hampton in y e Mass a 
Bay, Esq. and others his Associates praying a grant of a tract of 
land of six miles square within this his Maj tys Province agreeable 
to the scituation & bounds in the s d Petition mentioned being read 
at the Board his Excelency asked the Council weither they would 
advise to the granting the said tract of land & makeing out a 
Charter in the comon form — accordingly to which the Council did 
advise and consent. » 

[p. 67.] Also one other petition of Phineas Lyman Esq. of y e 
s d North Hampton & his associates praying for one other tract of 
Land of six miles square & adjoyning to the abovementioned tract 
granted to Timo. Dwight & associates bounded as in the said pe- 
tition being read his Excelency asked the advice of the Council 
weither a grant & Charter in comon form should be made to the 
petitioners to which the Council did advise & consent. 



12 PROVINCE OF NEW-HAMPSHIRE. [1751. 

At a Council holden fit Portsm on Wednesday 17 July 1751. 

Present 
His Excelency Benning Wentwortli Esq. Governour. 
Henry Sherburne 1 John Downing ") ^ 

Theod Atkinson vEsqs. Sampson Sheaffe, j ^' 

Rich d Wibird ) 
Upon reading the petition of Thomas George Abraham Merrill 
& others praying to have the inhabitants of a tract of land lying 
partly in Chester, partly in Londonderry & and partly land not 
heretofore incorporated lying between those towns & Merrimack 
river, incorporated & the inhabitants thereon invested with the 
privileges of a town &c. It appearing by a vote of the town of 
Chester that they had consented so far as they were concerned, 
but Londonderry not having signified their consent — Ordered that 
the Town of Londonderry be notifyed hereof that they may shew 
cause if any they have why the prayer of the said Petition may 
not be granted on the first of August next and that the petitioners 
serve the selectmen or Town Clerk of Londonderry with a copy 
of the petition & this order. 



[p. 68.] At a Council holden at Portsmouth by his Excelencys 
Sumons on the 1 st of August 1751. 

Present in Council 
His Excelency Benning Wentwortli, Esq. Governour 
Henry Sherburne 1 John Downing )_-p. 

Theodore Atkinson J-Esqs. Sampson Sheaffe j b ^ * 

Rich* Wibird J 

Capt. Samuel Barr appeared in Council & desired to be heard in 
behalf of Londonderry on the affair of the petition of Thomas 
George, Abraham Merrill and others relateing to a Parish as en- 
tred the 17 th of July last, but his power of appearing being insuffi- 
cient & he praying a further time to notify the town tfc to know 
their oppinion &c. Ordered that the affair of the s d petition be 
suspended til the first Tuesday in September next and that the s d 
town be notifyed accordingly & shew cause if any they have why 
the prayer of the said petition should not be granted. 



1751.] RECOKDS OF THE COUNCIL. 13 

At a Council holden at Portsmouth on Tuesday September the 
3 d 1751. 

Present 
His Excelency Benning Wentworth Esq. Governour 
Henry Sherburne ^ John Downing^ 

Theodore Atkinson >-Esqs. Sam 11 Smith vEsqs. of his 
Rich d Wibird ) Samp. Sheaffe ) Maj* 8 Council. 

Apply cation being made to this Board by Sr. William Pepperell, 
Bar* that he had a copy of an Act of Assembly of this Province 
attested by Richard Waldron Esq. the former Secretary and all of 
[p. 69.] s d Waldron's own writing, the original he supposes was 
burnt when the said Waldron's house was burnt he not being able 
to find it & therefore prays that his Excelency with advice of 
Council would be pleased to permit the Secretary to enter the same 
upon the records of this Province and it appearing to the Board 
that the s d copy is in the hand writeing of Richard Waldron Esq. 
the former Sec y and attested as a true copy by him-r-'Tis ordered 
that the Secretary enter the same upon the proper records together 
with this minit of Council & to certify the same to be a copy of a 
copy. 



At a Council holden at Portsmouth by his Excelencys Sumons 
on Wednesday September 25 th 1751. 

Present 
His Excelency Benning Wentworth Esq. Governour. 
Henry Sherburne 1 Sam 11 Smith "1 Esqs 

Ellis Huske i -p John Downing V of the 

Theodore Atkinson | J ^ " Sampson Sheaffe ) Council 

Rich d Wibird J 

His Excelency & the Council took under consideration the alter- 
ation of the lines between the town of Salem and the Parish of 
Windham agreeable to the votes of each of the places (as entered 
the 24 th Jan y last) copys of which being produced before the Board 
& in order to the settling the said places in peace it being agreea- 
ble to the votes afores d — Ordered that the line be alter'd agreeable 
to the Plan & votes exhibited & that an Instrument be drawn up 
for the makeing the said alteration, and that his Excelency be de- 
sired to sign the same & cause the Province Seal to be affixed & 
[p. 70.] countersigned by the Secretary & this to be don on the 
back of the Charter for Salem (if it can conveniently be so don) 
or by a separate Instrument & recorded in the Sec ys books accord- 
ing to custom & that the town of Salem be ordered to produce the 
Charter aforesaid in order to effect the affair abovesaid. 



14 PROVINCE OF NEW-HAMPSHIRE. [1751. 

Post Meridiem 

His Excelency the Governor acquainted tlie Board that he this 
day was informed a discovery was lately made of a number of 
counterfeit Bills in imitation of the true Bills of Credit of this 
Province and that his Maj tys Superiour Court of Judicature now 
setting had issued process against sundry persons suspected to be 
guilty of makeing or passing the s d Bills, and then informed the 
Council he had sent for & talked with the Kings Attorney on this 
affair and asked him if there was an}- thing by proclamation or 
otherways that he with the advice of Council could do that would 
probably be of service in detecting the persons concerned in the 
said counterfetts, that the Kings attorney told him he did not at 
present see that any proclamation was necessary for the pur- 
sons were already under a process but that if any new discovery 
should be made or any further evidence should be wanting on 
tryal, a Proclamation might be requisite which he would give 
timely notice of to his Excelency. Then his Excelency asked the 
Council what they would advise to, who answered they advised his 
Excelency to issue any such Proclamation as may be of service so 
far as to promise therein that any person or persons who would 
[p. 71.] voluntarily inform against any person or persons concerned 
so as that they may be convicted they should be liberated from any 
punishment for being concerned <fcc. 



Prov. of New Hamp r 

At a Council holden at Portsmouth according to his Excelencys 
Sumons on Tuesday October the 15 th 1751. 

Present, 
His Excelency Benning Went worth Esq. Governour 

Ellis Huske ^ S * S 'th ~) 

Theodore Atkinson vEsqs « m ci.«„«! r Esqs 

Rich'Wibird J Sampson Sheaffe/ 

His Excelency laid before the Board a petition of Thomas 
Sheapard & others inhabitants of this Province praying for a 
grant of his Maj ties lands of the contents of six miles square lying 
on Pemidgwasset river on the east side thereof as surveyed and 
planned by Sam 1 Lane surveyor whose plan was also laid before 
the Board & the land petition'd for being No (1) in the said plan 
lying on the east side of said river, and then asked the council 
weither they would advise to such a grant ; to which the Council 
did advise and consent. 

His Excelency also laid before the Board the petition of An- 
drew Oliver Esq & others of Boston in the Massachusetts Bay praying 
for a grant of his Majesties land of the contents of six miles square 



1752.] RECORDS OF THE COUNCIL. 15 

bordring on the Line between the Provinces of New Hamp r & the 
Massachusetts Bay and lying between Connecticut & Hudsons 
rivers adjoyning on the west side of the town of Halifax, &c. 
£p. 72] and then asked the Council weither they would advise to 
the said grant to which the Council did advise & consent. 



At a Council holden at Portsmouth according to his Excelencys 
.Summons Feb y the 10 th 1752 

Present* 
His Excelency Benning Wentworth Esq. Governour 
Henry Sherburne ~\ Richard Wibird) 

Ellis Huske V-Esqs Sam 1 Smith j Esqs 

Theodore Atkinson ) 

The Secretary by his Excelencys order laid before the Board 
three petitions from sundry persons praying for three separate 
Townships of his Maj tys lands lying on the east side of Con- 
necticut river beginning at the north side of a tract of land called 
Winchester and extending up the river to the northward so as to 
joyn to No. (4) so called and east to the land called the Ashuelotts 
as far as they (the Ashuelotts) go to the northward (viz.) That 
the first or most southerly township called No. (1) in the Plan 
exhibited may be allotted to the petition signed Elias Alexander, John 
Brooks and others : That the township adjoyning northerly on 
No. (1) & marked No. (2) in the s d plan be granted on the petition 
of Elias Hubbard, Tho s Chamberlain and others, and that the 
township marked No. (3) on the said plan and adjoyning No. (4) 
may be granted to the petition signed Benj a Bellows, Ebenezer 
Harris & others — all which petitions <fc Plans being perused by 
the Council, the Secretary by his Excelency's order put it to the 
Council weither they would consent to the granting the said 
jjp. 73] respective tracts of land to the Petitioners with such 
others as should be tho't proper to be entred as Associates — to 
which the Council did advise and consent. 

His Excelency then asked the Council weither they would advise 
to the appointing a Publick Fast to be held and kept thro' out this 
Province on the 10 th of March next to which the Council did 
advise & consent. 



At a Council holden at Portsm° according to his Excelencys 
Sumons on Tuesday March 24 th 1752. 

Present 
Ellis Huske 
Theodore Atkinson 
Richard Wibird — Esqs. 



10 PROVINCE OF NEW-HAMPSHIRE. [1752. 

The See/ acquainted the Council that his Excelency the Gov- 
ern 1 " was just informed that a vessel was come into this harbour 
from Boston Benj" Randell master on board of which vessell there 
were many passengers — that as the Small Pox Avas very rife at 
Boston as well as many other places from whence vessel] s were 
dayly expected — and then asked the Councill what method they 
would advise to in order to prevent the said distemper from being 
bro't into this governm* & particular what orders he should give 
the s d vessel from Boston in particular — To which the Council 
did advise that his Excelency give orders that all vessells indis- 
criminately that shall come into this port be ordered & obliedged 
to anchor in some place where there will be no danger of comu- 
nicating the said distemper & that suitable persons be appointed 
to visit every vessell before any other person is admitted to go on 
board or any mariner sailor or passenger come on shore, and that 
[p. 74] the charge of such visit of enquiry be paid by the master 
or owner of each vessell before she shall be admitted to an entry 
or have leave to unlade or to unmoor or get under sail again & 
with respect to Randell the vessell above mentioned from Boston — 
Ordered that his Excelency be desired to order such a visit as 
above be made before anv thin^ be landed from on board her. 



At a Council & General Assembly holden at Portsm by his 
Excelencys Sumons on Thursday March 26, 1752. 

Present 
Ellis Huske I Rich d Wibird > Eg 

Theodore Atkinson) John Downing) ^ ' 

of the Council. 

The Sec y laid before the Board his Excelencys letter of yester- 
days & this days date relateing to their proposing some order to 
prevent the spreading of the Small Pox or it being bro't into this 
Province either by sea or land. 

In consideration of which the Council came to the following re- 
solve viz. 

That at present they think the vote of Council of the 24 th Inst, 
with his Excelencys orders thereon if duely *fc punctually put in 
execution may be the means of preventing the spreading the s d 
distemper if bro't in by sea, an that in order to prevent the said 
distemper being bro't in to the Province from Boston or other in- 
fected place by land 'tis ordred that not any person not having 
heretofore had the small Pox be allowed to enter this Province by 
hind comeing from Boston or other suspected place on any pretence 
whatever, the Comon Post and Publick Expresses excepted, & 
[p. 75.] that no person all he or she may have had the s d distem- 
per be allowed to enter the Province further than the habitation 



1752.] RECORDS OF THE COUNCIL. 17 

of the first Justice of the Peace within this Province before whom 
he is to take an oath that he has not been in any town where the 
small Pox is or lately has been for four days then last past & that 
he has with him nor sort of goods (his wearing apparell excepted) 
that can possibly contain the infection & every Justice of the 
Peace is hereby directed to administer such oath and give the 
person so swearing a certificate under his hand of his haveing tak- 
en such an oath & every person who hath not heretofore had the 
small Pox that shall be found traveling from Boston or other sus- 
pected place to have the small Pox which shall be determined by 
his oath before a Justice of the Peace unless there should be rea- 
son to suspect his swearing falsely,— every such person found 
within this Province shall be imediately apprehended by any 
one of his Maj ties Justices of the Peace or the Selectmen, constable, 
Tithingmen, or other officer within any town in this Province, 
and be directly by order of the next Justice of the Peace [sent] 
back to the place whence he she or they came — & if any such per- 
son shall be detected in attempting to come into the Province a 
second time such person shall be by order from any Justice of the 
Peace imediately sent to the Pest House in Portsm there to re- 
main till further orders of the Governour & Council, and that his 
Excelency be desired to issue a Proclamation hereon & cause the 
same to be put up in suitable places that persons may not plead 
ignorance. 



[p. 76.] At a Council holden at Portsm" by his Excelencys 
Suinons on Tuesday April 21 1752 

Present 
Henry Sherburne \j?-, . Kich d Wibird l.T? saq 

Theodore Atkinson J ' fet ^ s * Sampson Sheaffe j b * ' 

The memorial of Mr. Sheriff Packer setting forth that Timothy 
Johnson comitted to the Province Goal for debt did on the 18 th 
inst. make a breach in the said Goal & made his escape, and that 
the Goal by means of the said breach and other defects is insuffi- 
cient to keep any prisoners that shall be comitted, and prays the 
advisement of this Board: Which being read at the Board, Or 
dred, that Thomas Wibird, Esq. & Mr. Jeremiah Libby be a Com- 
mittee, and they are hereby desired to examine the said Goal & 
make a Report at 4 o'clock this afternoon what repairs are neces • 
sary to be imediately done to make it sufficient to retain any 
prisoners that may be comitted there. 

4 o'clock p. m. 

Messrs Wibird & Libby the Comittee appointed to visit the 
Goal this day made their report as on file, that it was absolutely 
necessary to have three new locks and the petition between the 
lower rooms lined with two inch oak plank well spiked. 

2 



18 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Upon which report 'tis ordred, that the Sherriff be directed to 
get the said repairs faithfully don & the locks purchased and put 
on to the doors as soon as may be and lay the acc u of the cost and 
charge thereof before this Board. 



At a Council holden at Portsmouth on Monday August the 10 th - 
1752, By his Excelencys Sumous, 

Present 
[p. 77.] His Excellency B. Wentworth Esq. Governour. 

Henry Sherburne ) o- i i xm-w i\ 

rpi j ui « i -e^ Kiehard YVibird) ^ 

1 heodore Atkinson >-Esqs. T i ^ • r Esqs. 

Ellis Huske j Jo!m Downm g J 

His Excellency lade his Maj ties Instructions to him before the 
board and ordered a minute to be made in the Council books viz- 
the following is that clause of his Maj tics first Instruction to Gov 
ernour Wentworth which relates to the order & peace of his Maj tieB 
Council for this Province as it stands in the said Instruction Viz. 
'"The members of his Majesties Council in that Province Viz — 
Shadrach Walton, George Jaffirey, Jotham Odiorne, Henry Sher- 
burne, Richard Waldron, Theodore Atkinson, Joshua Pierce, 
Joseph Sherburne, Ellis Huske, Richard Wibird Samuel Smith John 
Downing Esqs," which by his Excelencys orders was entred ac- 
cordingly. 

His Excellency acquainted the Council that his ill state of 
health had hitherto prevented his asking the Councils advice in 
calling a new assembly but that he was now in hopes of being able 
to attend his Maj tic ' 8 service in General Assembly — Asked the 
Council weither they could advise him to issue a Precept for the 
calling an Assembly as soon as conveniently might be, to which 
the Council did advise and consent unanimously. 



At a Council holden at Portsm on Thursday Nov: 2 d 1752. 

Present. 
His Excelency Benning Wentworth Esq Governor. 



Henry Sherburne \ Samuel Smith ^ 

Theodore Atkinson J- Esqs. John Downing yEsqi 

Rich' 1 Wibird ) Sampson Sheaife ) 



Theodore Atkinson J-E; 
Rich* Wibird ) 

[p. 78.] The petition of John Halburt Josiah Willard So about 



58 others praying for a grant of a Township of his Maj Uea lands ly- 
ing on the west side of Connecticut river (heretofore granted to 
the Petitioners by the Massachusetts Governm' & known by the 
me of No. (1) or Tauntontown, (1) but since the running of the 



nai 

(H Now Westminster, Vt. — El) 



1752.] RECORDS OF THE COUNCIL. 19 

divisional line between the Provinces the said lands fall within this 
Province) upon the conditions that his Exceleney with advice of 
his Majesties Council grants to other his Majesties subjects : 
upon which the question was by his Excelencys order put to the 
Council weither they would advise him to make a grant to the s d 
Petitioners agreeable to the s d Petition to which the Council did 
advise with an aditional number to be added to the subscribers of 
the said petition. 



At a Council h olden at Portsm on Monday Decemb r 4 th 1752. 

Present. 
His Exceleney Benning Wentworth Esq. Governour. 
Theodore Atkinson ") Sam 11 Solly ) r 

Rich d Wibird I Esqs. Sampson Sheaffe j ^' 

John Downing ) 

His Exceleney acquainted the Board that upon the Memorial of 
Capt William Symes he had some tho'ts of attempting a settle- 
ment at Co-os as the same if effected would in so many ways great 
ly tend to the advantage of this Province and asked the Council 
weither as they had been well acquainted with the circumstances 
of that affair they would advise to the granting four townships of 
the contents of six miles square each to and amongst four hundred 
[p. 97.] men as soon as so many are ready to enter and make settle- 
ment at the aforesaid place called Co-os to which the Council did 
unanimously consent and advise (1) 

At a Council & General Assembly holden at Portsmouth by his 
Excellencys Sumons on Tuesday December 21 1752. 

Present. 
His Exceleney Benning Wentworth Esq. Governour 
Henry Sherburne ) Richard Wibird 1 

Theodore Atkinson > Esqrs John Downing >Esqrs 
Ellis Huske ) Sam 11 Solly. ) 

His Exceleney directed the Secretary to read at the Board the 
following petitions for grants of sundry tracts of land agreeable to 
his Maj ties Instructions — viz. 

A Petition signed by William Lawrence & Tho s Read & alii. 
A Petition signed by Josiah Converse Seth Blodgett et alii. 
A Petition signed of Zedekiah Drury Sampson Stoddard et alii. 
A Petition signed & preferred by Capt William Symmes — 
And then directed the Secretaiy to put the question to the 
Council weither they would advise him to make out charters to the 
respective petitioners or to such as may be aded the first of the 

(1) See documents in Journal of the House relative to the abovesaid matter.— -Ed, 



20 PROVINCE OF NEW-HAMPSHIRE. [1753. 

said towns to lye adjacent to the upper Ashuelot so called & cast 
of Wallpole to the petition of W™ Lawrence Thomas Reed & 
Others & the other three to the north ward of this tract agreeable 
to the petitions, — to all which the Council did unanimously con- 
sent & advise — 

His Excellency then laid the petition of Samuel Wentworth, 
Palmer Goulding & alii praying for a tract of land on the west 
side of Connecticut river known by the name of No (2) (1) before 
,[r. 80] the Council and asked weither they would advise him to 
make out a charter tor these lands to which they did unanimously 
oonsent and advise — 

His Excellency laid before the Board the following petitions 
and asked the Councils advice thereon viz. 

The petition signed by Elias Alexander & 59 others. Also the 
petition signed Thomas Tayler & 59 others also the petition 
signed Sam 11 Ashley & 59 others. Also the petition signed John 
Hissell tfc 59 others Each praying for a tract of land of the con- 
tents of six miles square and weither they would advise him to 
make a grant of the said tracts agreeable to said petitions to 
which the Council did unanimously consent & advise — 



At a Council holden at Portsm Jan y the fourth being Thursday 
1753 by his ExGelencys summons. 

Present. 
Henry Sherburne > v Richard Wibird > v 

Theodore Atkinson } ^ sqrS Sam 11 Solley J" ^ Sqrs 

The Secretary by his Excelencys order laid before the Council 
i letter from Mr Secretary Willard to his Excelency dated at Bos- 
ton the first Inst, enclosing 2 others one from Killingsly of the 
..28 th ult. from W m Chandler Esq giving an ace 1 of some counterfit 
.Bills in imitation of the genuine Bills of this Province and that 
one John George had uttered the said Bills tfc c and acquainted the 
Council that his Excelency desired the Council would advise what 
was proper to be done in the Premises. 

To which the Council did advise — 

That in as much as the said John George referred to in the 
afore said letters had been suspected to have been concerned in 
[p. 81] passing of such counterfit Bills in the town of Hampton in 
this Province & process being issued against him therefor they tho't 
it adviseable to suspend the affair till enquiry be made into the cir- 
cumstances of that procedure before any other steps could be 
taken. 

(1) Now Rockingham, vt,-Ei). 



1753.] KECOKDS OF THE COUNCIL. 21 

At a Council holden at Portsmouth by his Excelencys orders on 
Wednesday April 11 th 1753. 

Present — 
Theodore Atkinson") -™ Samuel Solley ") j? 

Richard Wibird j ^ SqrS Daniel Warner ]" Jisqrs 

The Secretary by his Excelencys order laid before the Board the 
petition of Benj a Bellows in behalf of & as impower'd by the 
claimers & settlers of that tract of land called & known by the 
name of the upper Ashuelot praying that as they had settled the 
said tract of land by virtue of a grant from the Massachusetts Gov 
ernm* before the line of Governm* was run and continued 
there till drove of by the Indian War &c and that a grant may be 
made so as not to break in upon their former surveys & laying- 
out but to those persons that claim the same <fc have made im- 
provements thereon & c and then asked the Council wheither 
they would advise his Excelency to make the said grant agreeable 
to the said request — To which they did unanimously consent & 
advise. 

The Secretary also laid before the Board the petition of John 
Hazzeltine Esq for himself & in behalf of about sixty others 
praying for a grant ot a tract of his Maj ties lands westward of Con- 
necticut river of the Contents of six miles square under the rents 
& reservation & duties & c directed to in his Maj ties Instructions 
[p. 82] and by his Excelencys order asked the Councils advice 
thereon. To which the Council did advise & consent — 

The Secretary laid before the Council the petition of Abner 
Sawyer and about sixty others praying a grant of his Maj ties unap- 
propriated lands lying to the westward of Connecticut river for a 
Township of six miles square upon the conditions directed to in 
his Maj ties Instructions — and asked the Council weither they 
would advise his Excelency to make such a grant. To which they 
did advise & consent. 



At a Council & General Assembly holden at Portsmouth on 
Monday July the 2 d 1753. 

Present — 
His Excelency Benning Wentworth Esq Governour. 
Theodore Atkinson } Sam 11 Solley 1 

Kich d Wibird V Esqrs Daniel Warner V-Esqs 

John Downing ) Sampson ShealFej 

His Excelency laid before the Board the petition of Ebenezer 
Hinsdale Esq in behalf of himself & sundry persons inhabiting at 
a place called Korthfield lying on the north of the dividing line of 
the Province of New Hamp r & the Massachusetts Bay praying 



22 PROVINCE OF NEW-HAMPSHIRE. [1753. 

that the Petitioners & c may be incorporated & invested with town 
priviledges & c & in case such a charter is inconsistent with his 
Maj tiea Instructions that then the said tract with an adition of his 
Maj tyB unappropriated lands adjacent thereto may be granted to 
the Petitioners & c agreeable to his Maj tte ' s' 1 Instructions. Which 
petition was read and also at the same time a letter signed by the 
Selectmen of that part of Northfield aforesaid that lyes in the 
Massachusetts Government on the South side of the said dividing 
[i*. 83] line setting forth that they were informed that sundry 
persons were designing to petition for the above said lands lying 
on the north of the s' 1 dividing Line in which they were also inter- 
ested and praying they may be allowed time to petition for the 
said lands tfc c Which the Council took under consideration & 
passed the following resolve (viz.) 

That his Excellency be desired to suspend the making any 
grant of the premises for two months and that the inhabitants of 
Northfield that live on the south side of the divideing Line & in 
the Massachusetts Government be advised of this resolve by a let- 
ter from the Sec ry that they may if they see cause petition for the 
said lands, & that if they do not that then & in such case his Ex- 
cellency be desired to make out charters for the same agreeable to 
the above mentioned petition of the inhabitants on the north side 
of the said dividing Line. 

The petition of Josiah Willard Esq for himself & in behalf of 
the settlers & claimers of a tract of land bounding partly on the 
province Line partly on Northfield so called & partly on Connec 
ticut river called by the name of Winchester as the same was 
granted by the Massachusetts Government — praying for a grant 
of the s d tract or Township agreeable to their former surveys 
divisions & partitions tfc' : which being read at the Board his Ex- 
celency put the question to the Council weither they would advise 
him to make a charter agreeable to the petition to which the 
Council did consent & advise. 

[p. 84] The petition of Coll Williams Symes in behalf of the 
settlers & claimers of a tract of land known by the name of the 
Lower Ashuelot as the same was granted by the Province of the 
Massachusetts praying for a grant of the Premises to be so made 
thai it, might not subvert their former possessions surveys & 
divisions A: 1 ' was read at the Board & his Excellency put the ques- 
tion to the Council Weither they would advise him to make a char 
ter agreeable to the above proposal to which the Council did con- 
sent & advise. 

The petition of Phineas Stevens Esq in behalf of himself & the 
claimers & settlers of a tract of land on Connecticut river known 
by the name of Number Four (1) setting forth that the said tract of 
land was heretofore granted to them by the Mass" Government in 
pursuance of which they had divided the same and made great 
improvements thereon & praying they might have a grant of the 

(I) Now Charlestown, N. II— Ed. 



1753.] KECOKDS OF THE COUNCIL. 23 

premises in such a manner as to confirm them in their several di - 
visions & c which was read at the Council Board & the question 
being put weither they would advise his Excelency to make out a 
charter agreeable thereto &. it passed in the affirmative unani- 
mously. 



At a Council holden at Portsm on Saturday September 1 st 1753. 

Present. 

His Excelency B. Wentworth Esq. Gov r . 

Henry Sherburne 1 John Downing 1 

Theodore Atkinson V Esqrs Sampson Sheaffe V- Esqrs 

Riclr 4 Wibird ) Daniel Warner ) 

[p. 85.] A petition of the settlers & Claimers of land in the 

north part of Northfield so called who live on the south side of 

the Province Line, and also the petition of Ebenez 1- Hinsdale in 

behalf of himself & others claimers of Land in said Northfield who 

live on the north side of the said dividing Line as entred the 2 d 

day of July last praying for a grant of the said tract of land lying 

on the North side of the s d dividing Line agreeable to his Maj ties 

Instructions & c both which was read at the Board as was also the 

Icings attorney & Solicitors oppinion relateing to these sort of 

grants & c and then his Excellency asked the Council weither they 

would advise him to make out charters of grant for the same in 

such a manner that the present settlers & claimers maybe invested 

in their rights as they imagined they held the same before the 

running the said Province Line — to which the Council did advise 

and consent as also that a strip of the kings Land should be added 

on the west side of Connecticut river so as to include the farms of 

.Sargent & Sautle so called — 



At a Council holden at Portsm on Wednesday September 5 l 
1753. 

Present 
His Excelency Benning Wentworth Esq Governour — 



Henry Sherburne ^ Sam 11 Smith. | 

Theodore Atkinson V-Esqs. Sampson Sheaffe >E 

Pich d Wibird ) Daniel Warner ) 



Upon reading the petition of Ebenez 1- Hinsdale Esq. praying to 
[p. 86.] have an alteration- made in the dividing Line between the 
towns ol Winchester & Hinsdale for the better accomodating the 
inhabitants of both towns with respect to the incorporation only 
agreeable to the charter of the said townes to which the Council did 



24 PROVINCE OF NEW-HAMPSHIRE. [1753. 

agree & consent and advised his Excelency to grant a charter of 
Incorporation accordingly agreeable to a Plan exhibited to begin 
eighty rods easterly on the Province Line from Connecticut river 
tfc there to run north by the Needle — 



At a Council h olden at Portsm on Monday the 24 th of Decem- 
ber 17. "3 3 — 

Present. 
Theodore Atkinson i Sampson SheafFe) -r-, 

llich d Wibird SEsqrs. Daniel Warner j ^* ([V *' 

Sam 11 Solly j 

The Secretary by his Excelencys order laid before the Board 
the several petitions of William Brattle Esq Josiah Willard Esq 
& the other persons claiming a tract of land lying on the west side 
of Connecticut river in this Province setting forth that they were 
purchassers under a grant of the Massachusetts of the said tract 
comonly called the equivalent lands but by the dividing Line of 
the Provinces falls within this Government — and praying to have 
the kings grant therefor under the conditions & e directed to in his 
Maj tys Instructions And then agreeable to his Excelencys direc- 
tions asked the Council weither they would advise to the making 
out a charter — to which the Council did advise with an aditional 
number of officers to be added to the Petitioners as Grantees — 

[p. 87.] The Secretary also laid before the Board by his Excel- 
encys orders the petition of Palmer Goulding & about fifty others 
praying for a tract of his Maj ty8 unappropriated lands on the west 
side of Connecticut river and adjoyning thereon next above a 
township lately granted by the name of Rockingham — and then ask- 
ed the Councils advise to his Excelency thereon — The Council took 
the same under consideration and advised the Governour not to 
grant the said land to the said petitioners but advised that a grant 
should be made (if the petitioners desired the same) of a tract 
lying six miles westerly of the tract of land petitioned for. 



At a Council holden at Portsm Feb y 20, 175-1 Wednesday. 

Present. 
Theodore Atkinson ] Samuel Solly ) 

Rich d Wibird I r Sampson Sheaffe >Esqrs. 

Sam" Smith ( ^ s:irs Dan 11 Warner ) 

John Downing 
The Sec y by his Excelencys order laid before the Council the 
petition of Palmer Goulding tfc others praying a grant of a tract of 



1754.] RECORDS OF THE COUNCIL. 25 

his Majestys land that is yet unappropriated weither a tract of six 
miles square to begin at the Northwest corner of Rockingham 
thence west six miles & to carry that breadth north ten degrees 
east six miles should be granted to the petitioners agreeable to his 
Maj tys instructions cfc it passed in the affirmative & the Governor 
desired to grant a charter accordingly. 



[p. 88.] At a Council holden at Portsm by his Excelencys 
sumons on Wednesday March the 13 th 1754. 

Present. 
Theod r Atkinson ^ Sampson Sheaffe \ -p 



Rich d Wibird } Esqrs Dan 11 Warner 

Sam 11 Solly 

The Secretary laid before the Board his Excelencys letter of 
this day relative to a stagnation of affairs now before the Superior 
Court for want of a Quorum of the Justices — and a doubt arising 
in which particular his Excelency required the advice of Council 
therefore ordered that the Secretary write to his Excelency to 
acquaint him thereof & c and to assure him of the Councils ready- 
ness in every thing in their power to advise in this or any other 
affair for his Maj ,ys service. 

The Council adjourned till to-morrow 9 o'clock A. M. 

The Council met accordingly & being nothing before them adj d 
sine die. 



At a Council holden at Portsm by his Excelencys sumons on 
Thursday March the 21 1754. 

Present. 
His Excelency the Governour. 
Theod r Atkinson ) Sampson Sheaffe ) ^ 

Rich d Wibird i-Esqs Daniel Warner j^ sc l s 

John Downing ) 
His Excelency acquainted the Council that the high Sheriff of 
the Province had informed him that at two of the clock in the 
morning of this present day a number of persons to the amount of 
one hundred or more made an attempt upon the Province Goal 
[p. 89.] with axes iron crows and broke open the doors of the prison 
and rescued the two prisoners indicted for the murther of two In- 
dians said to be killed at or near Contoocook Viz — John alias An- 
thony Bowen cv; John Morrel & aided & assisted them the said 
Bowen & Morrell in their escape — His Excelency then desired the 
Council would advise what steps they tho't necessary or proper to be 



20 PROVINCE OF NEW-HAMPSHIRE. [1754. 

taken in the affair in order to the apprehending the said Bowen 
or Morrell or either of them & bringing the persons who broke 
open the Goal as aforesaid or was aiding or assisting in the said 
breach or rescous the Council apprehended that such a number of 
persona as were supposed to be the authors of the rescous must be 
many of them known & as it is suggested that some of them are 
known & may be brought to justice without offring any reward — 
but with respect to the two Prisoners Bowen & Morrell that his 
Excellency be advised & desired to issue a Proclamation offring a 
a reward of two hundred pounds old Ten 1 to any person or per- 
sons that shall apprehend the s d Bowen & the like sum of £200 
in old Ten* to any person or persons that shall apprehend the s d 
Morrel & bring them or either of them to his Majesty s Goal in 
Portsm & all necessary charges in bringing the said prisoners or 
either of them to the said Goal — (1) 





At a 


Council holden 


at 


Portsmouth on Thursda 


1754. 




















Pre 


sent 








His E: 


vce 


Lency 


the 


Governour. 


D 


. 90.] 














Henry Sherburne 


1 






Sampson Sheaffe 




Theodore Atkinson 


Esqs 




Daniel Warner 




Ric 


h d Wibird 


f 

i 




Joseph Newmarc 




Jn° 


Downing 


J 









May 15 



cth 



L, 



JbLsqs 



Mr Stephen Gerrish appearing at this Board presented a petition 
of Phineas Stevens & eight others inhabitants at Contoocook set- 
ting forth that the Indians had began hostilities in that part & had 
captivated a family and rilled the house of another &c, & being 
examined what he knew of the affair says on Saturday the 11 th 
Inst he saw a lad son of Nathaniel Malloon who lived at a place 
called Stevenstown about five miles from Contoocook Avho informed 
him the declarent that his father & family were taken as he sup- 
posed by the Indians he having seen a number of Indians near his 
fathers house which occasioned him the s d lad to run into the woods 
by which he escaped upon which report the said Gerrish & sundry 
others went immediately to the house where they found the feath- 
er \)vtU emptied upon the floor <fc the tickins carryed off — Most of 
the meal that was in the house canyd off. They tracked the In- 
dians some way from the house — that the family consisting of the 
man his wife & three children were all gon oil* and by the said 
signs he imagined were all carryed into captivity. The petitioners 
therefore prayed some speedy succours to guard & defend them 
& to prevenl if possible further depredations — upon which peti- 

(l) sec more on this affair in -Journal of the House, of correspondent date.— Ed. 



1754.] RECOKDS OF THE COUNCIL. 27 

lion & information his Excelency asked the Council what they 
would advise to in the Premises. The Council considering there- 
of did advise his Excelency to give the necessary orders for inlist- 
ing or impressing twenty effective men to be immediately sent to 
[p. 91.] Contoocook, Canterbury & Stevenstown to be destined as 
his Excelency shall think most advantageous for guarding the in- 
habitants in these parts for one month. 

His Excelency lade before the Board his Maj tys Mandate directing 
him to swear & admit Joseph Newmarch Esq to be of his Maj tys 
Council in this Province which was read at the Board & the said 
Newmarch took the usual oath as recmired as also the oath of of- 
fice. 



At a Council holden at Portsmouth by his Excelency s Sumons 
on Sunday August the 18 th 1754. 

Present. 
Henry Sherburne ") ^ Rich d Wibird ) -p, 

Theod r Atkinson j ^ sqs> Dan 11 Warner j ^ 8C ^' 

The Secretary laid before the Board his Excelencys letter of 
this day giving an ace 1 he had rec d of some mischiefs being done by 
the Indians at a place called Stevens Town on the frontiers of this 
Government & directed to the taking the particulars for further 
information from Andrew McClary who bro't the advice to his 
Excelency. 

The said Andrew being examined declared that Eph m Foster & 
Eph m Moor acquainted the declarent that they were at Stevens- 
town the day after the mischief was done by the Indians & found 
the body of Mrs Call lying dead (near the door her house) scalped 
& her head all most cut off & upon further search found the body 
of a man whose name was Cook dead & scalped that the Indians 
were supposed to be about thirty in number according to the ace* 
of eight men that upon hearing the news went immediately from 
[p. 92.] Contoocook to Stevens Town & in their way passed by the 
■enemy who soon followed them & seeing the Indians too many in 
number to engage they parted & endeavoured to escape one of the 
company one Bishop stood some time and fired at the Indians but 
was soon obliedged to run. Cook was found dead by the rivers 
side Bishop supposed, to be killed & sunk in the river he being 
still missing. That there were two men belonging to the said 
plantation at a distance working in a meadow that as yet were not 
come in <fc twas feared had fallen into the enemies hands that as 
the declarent understood all the inhabitants consisting of about 
eight families were come down into the lower towns & had left 
then* improvements corn hey cattle & c — 

Upon which the Council came to the following resolve, viz. 



28 PROVINCE OF NEW-HAMPSHIRE. [1754, 

That his Excelency be desired to give immediate orders for enlist- 
ing or impressing such a number of men as he may think proper 
in this emergency & dispose of the same to encourage the settlers 
to return to their habitations <fe to secure their cattle & harvest 
& to encourage the other frontiers in that; quarter — 

At a Council holden at Portsm according to his Excelencys* 
Sumons on Thursday Septem* 3 d 1754. 

Present. 
Henry Sherburne ) Sampson SheafFe ^ 

Theod* Atkinson i-Esqs. Daniel Warner vEsqs. 

Rich' 1 Wibird ) Joseph Newmarch ) 

The Sec ry by his Excelencys order laid before the Council Sun- 
dry Letters he this day rec (1 from the Western frontiers on Con- 
necticut river giving an ace* of a large body of Indians coming 
[p. 93.] cross the Lake and that they had don great damage at 
Hoosuck on the north part of the Massachusetts and had killed & 
captivated sundry persons thereabouts had burnt many houses — 
That another party had been at Charlestown on Connecticut river 
in this Province and had captivated the families of James Johnson 
So plundered his house. And then acquainted the Council that his 
Excelency desired they would give him their advice in & about 
the premises (1). The Council taking the premises under consid- 
eration and finding there was no money in the Treasury but what 
by act of Assembly is appropriated to particular purposes and 
with out money for soldiers subsistance they cant be impressed 
therefore recomend to his Excelencys consideration weither under 
the present difficulties it may not be proper to call the members of 
Assembly together that his Excelency may have their advice & 
assistance in providing the necessary aid for the security of the s d 
frontiers. 



At a Council holden at Portsm on Saturday Feb y 15 th 1755. 

Present 
His Excelency the Governor. 
Theodore Atkinson") -p, Sampson Sheaffe ) -^ 

Jn° Downing j ^ " Daniel Warner. ) ^ 

The Secry by his Excelencys order made a representation to the 
Council of the affair now before the Superior Court of Judicature 
in relation to their procedure aga st sundry persons apprehended for 
count erfiting or passing counterfeit Kills of Credit in imitation of 
[i\ 94.] the true Bills & c . And also laid before the Council his 
Excelencys letter of this day on that affair. 

And also the vote of Assembly concurrd the 24 th Jan 7 last di- 
recting all proper officers to use their endeavours to finde out <& c 

(1) See suiil letters in Journal of the House.— Ed. 



1755.] KECORDS OF THE COUNCIL. 29 

any person or persons that may have a hand in the said affair and 
for paying the charge & expence thereof ont of the Treasury. 
All which being laid before the Board the Council was asked what 
advice they would give his Excelency with respect to his draft on 
the Treasury. 

To which they did advise that his Excelency be directed to 
grant his Warrant on the Treasury for such sums from time to 
time as the Judges of the Superior aforesaid should certify in their 
oppinion was necessary for the support of evidences, charges of 
expresses •& officers expences <fc c which the Council apprehend to 
be the design & intent of said vote of Assembly. 



At a Council holden at Portsm by his Excelencys sumons on 
Wednesday Feby 26, 1755. 

Present 

His Excelency the Governor. 

Theod r Atkinson — Daniel Warner Esqs. 

His Excelency made a speech to the Council in the words fol- 
lowing, viz — In order to dislodge the subjects of the French King 
who have errected forts within the limits of his Maj ties dominions 
in North America & comitted open acts of hostilities the King has 
ordered two regiments to be sent to America and two others to be 
raised within any of his Provinces on the Continent and as it may 
[p. 95.] be probable some of the Trading people of this Govern- 
ment may for the sake of gain carry provisions & warlike stores 
to some of the French settlement unless there is some prohibition 
laid on the exportation thereof in this port which may be of great 
prejudice to his Majesty's service upon this point I desire his Maj tys 
Council to advise to some measures that may effectually prevent 
jsuch supplys being ship'd off from this Governm* for the supply- 
ing of any of the French Kings Colonies or subjects. 

Upon which the Council did advise that his Excelency give or- 
ders to the several officers that no vessell be admitted to clear out 
of any port within this Province on board of which any sorte of 
provisions or warlike stores were laden more than shall be neces- 
sary for the crew & passengers (which quantity to be ascertained 
by the oath of the master) until the Master shall have given bonds 
with suretys to his Maj ty in the sum of five hundred pounds ster- 
ling the said bond to be taken by the Sec y & lodged in his. office 
with condition that any such provisions or warlike stores shall be 
bona fide landed in some of his Maj tys dominions & return a cer- 
tificate of their being so landed from the Custom House Naval 
officer or other proper officer in the port where such goods shall be 
so landed. 



30 PROVINCE OF NEW-HAMPSHIRE. [1755. 

At a Council holden at Portsni by his Excelencys sumons on 
Thursday June 5 th 1755. 

Present. 
His Excelency the Governour 
Theodore Atkinson") Sampson Sheaffe ) y 

Rich 4 Wibird 5-Esqs. Joseph Newmarch j ^ 

Jn° Downing ) 

[p. 06.] His Excelency laid before the Board a letter he rec d 
from Governour Shirley dated Boston 29 th of May 1755 also an 
extract of a letter from Maj r Gen 11 Johnson to Gov. Shirley dated the 
10 th of May 1755 — also two other extracts one from Maj r Gen 11 
Johnson dated the 3 d 16 th of May the other out of a letter from 
Mr. Alexander dated the 18 th May both to Govern r Shirley. (1) 

Also a list:, of particulars from Gen 11 Johnson respecting several 
officers necessary to be appointed for the expedition to Crown 
Point. All which letters & paragraphs contained several articles 
relating to the Crown Point Expedition. 

Then his Excelency asked the Council what they advise him to 
do with respect to the contents of the said letters & papers. Up- 
on which the Council did advise That his Excelency sumon the 
Members of Assembly as soon as consistent with his Excelencys 
pleasure and that he would lay the several papers matters & 
things before them for their deliberation the most of which to carry 
into execution will require grants of money which cannot be made 
but in conjunction with the Assembly. 

His Excelency ordered that sumons imediately issue to the sev 
era! members to meet at Portsm on Monday the 9 th of June at 10 
(/clock before noon. 



At a Council holden at Portsm by his Excelencys sumons on. 
Tuesday the 6 th day of August 1755 

Present 
[p. 97.] His Excelency the Governour. 

Theodore Atkinson ) p, Jn° Downing ) -,-, 

Richard Wibird ] ^ S( * s Daniel Warner £ J ^ s - 

His Excelency laid before the Board several letters giving an 
ace* of the defeat of his Maj ties Troops under the command of 
General Braddock & also letters from Lent Governour Delancy & 
Leu 1 Govern 1 " Phips on that affair wherein is mentioned wether 
twill not be expedient for the several provinces to raise a larger 
number of men & c as a reinforcement to Gen 11 Johnson — And 
asked his Maj ,ks Council what steps they advised Mm to take in 
and about the Premises — to which the Council answered that a* 

(1) See said letters in Journal of the I Ion ee.— Ed. 



1755.] RECORDS OF THE COUNCIL. 31 

his Excelency had not received an ace* of any particular steps 
lately taken by the other Governments in these affairs they could 
not advise his Excelency at present to attempt the raising of any 
more men than what is already employed in the expedition to 
Crown Point our numbers there already vastly exceeding the 
proportion this Province in reason ought to raise and therefore 
advised his Excelency to wait the result of the other Governments 
deliberations. 



At a Council holdeu at Portsmouth by his Excelencys sumons 
on Fryday August the 8 th 1755 — 

Present — 
His Excelency the Gov r . 
Theodore Atkinson ^ Sampson Sheaffe "> 

Rich' 1 Wibird v Esqrs Dani 1 Warner >- Esqrs. 

John Downing ) Joseph Newmarch ) 

His Excelency laid before the Board sundry letters enclosed him 
by Coll Blanchard viz — one from Maj r Bellows of Walpole one 
from Coll Hinsdale & sundry persons of Hinsdale tfc one signed 
[p. 98] by several inhabitants of Charlestown setting forth the diffi- 
culties the people in those parts were in by reason of the dayly incur- 
sions of the Indians killing & captivating & c killing their cattle 
& c and then acquainted that he had ordered 40 of the seventy men 
granted the last sessions to the support of Connecticut ami then 
asked the Council what they would advise him to do in the pres- 
ent emergency — The Council took the same under consideration 
and advised his Excelency to raise twenty five men & order them 
to joyn those he had already posted on Connecticut river in order 
to assist the settlers in that part from Charlestown to the Province 
Line. 



At a Council hoi den by his Excelencys sumons at Portsm May 
20 th 1756. 

Present 
His Excelency the Governour. 
Theod r Atkinson "] Sampson Sheaffe ) 

Rich d Wibird I ™ ^ Daniel Warner > Esqrs. 

Jn° Downing [ - jS( l ls Joseph Newmarch ) 

Sam 11 Solley J 

His Excelency laid before the Board a letter from Sec ry WillarcT 
by order of the Lieut Governour of the Mass 8 dated the 18 th Inst 
enclosing the interogation of one Thomas Rowe taken at Boston 
the 18 th Inst touching a French fleet of men-of-War — being on 



32 PROVINCE OF NEW-HAMPSHIRE. [175G. 

the Grand Bank — that the declarent was hailed by a 74 gun ship 
who enquired of him what ships of War was at Boston & at Hal- 
ifax &c. In the said letter was also enclosed an act passed in the 
Prov e of the Mass" Bay enabling the officers in the Crown Point 
[p. 99] expedition to hold regimental and Gen 11 Court MarshaHs & 
directing a method for the same. 

His Excelency then asked the Council what y e Council advise 
him to do with respect to Fort W m & Mary wether they tho't it 
expedient to have an additional number of men posted there that 
in case any of the French Ships should make an attempt on this 
Province that said Fort might be in a posture to make resistance 
to which they did advise that his Excelency send ten men more 
than are already posted there and that his Excelency order the 
Treasurer to supply provisions for them — 

His Excelency then acquainted the Board that the Treasurer by 
his orders had rec a from the Controler of his Maj ties ordnance stores 
at Boston — 300 stand of arms the greatest part of which he pro- 
poses to use in the service of the Crown Point Expedition — And 
then asked what they would advise him to do with the remainder. 

The Council advised that his Excelency order what should not 
be used in the Crown Point expedition should be lodged in Fort 
W m & Mary for the use of that garrison till otherwise disposed of. 



At a Council holden at Portsm by his Excelencys Sumons on 
Thursday June 17 th 1756. 

Present 
His Excelency the Governour. 
Theodore Atkinson ) Sam 11 Solley ) 

Rich a Wibird > Esqs. Dan 11 Warner [ Esqs. 

Jn° Downing ) Joseph Newmarch ) 

[p. 100.] The Secry by his Excelencys order laid before the 
Board the following questions viz. 

1. What measures the Council tho't would best answer the call- 
ing into one body the forces enlisted for the Crown Point service 
belonging to Coll Meserve's regiment that are not marched by 
reason of sickness or have deserted. 

Answer. The Council advised to the Issuing a proclamation 
directing all such delinquents to appear in order to their being 
sent forward to the regiment. 

2 (l Q r . Whether it would be most advisable to send such dilin- 
quents by water or by land. 

Ans — The Council recomend their going by water if any con- 
siderable number if but few by land. 



1756.] RECORDS OF THE COUNCIL. 33 

[p. 101.] At a Council holden at Portsm according to his Excel 
encys Sumons on Wednesday July 4 th 1756. 

Present. 
His Excelency the Governour. 
Theodore Atkinson ) Sampson Sheafte 1 



Jn° Downing > Esqs Dan 11 Warner y Esqs. 

Sara 11 Solley \ Joseph Newmarch ) 

His Excelency laid before the Board a letter he rec d from lne$ 
Fox Secretary of State dated White Hall 17 th 1756, acquainting 
his Excelency that his Maj ty had declared war against France & 
enclosed his Maj ties Declaration with his Maj tys orders to proclaim 
the same within this Province which was accordingly done first ia 
the Council Chamber & then in the main street the first regiment 
of foot being drawn up in the said street before the Council Cham- 
ber. 



At a Council holden at Portsmouth by his Excelencys Sumons 
on Monday August the 30 th 1756. 

Present 
His Excelency the Governour 
Theodore Atkinson ] Dan 1 Warner ) ™ 

Jn° Downing J- Esqs Joseph Newmarch J 8( ^ 8 

Sampson Sheaffe J 
His Excelency ordered the Sec Ty to read a letter he received 
from his Lordship the Earle of Loudoun dated Albany the 20 th 
of August 1756 giveing an account that he had received advice that 
his Maj ty8 forts & garrison at Oswego togeather with the naval force 
& stores by a series of bad circumstances had fallen into the hands 
of the French & that he could with the number of forces he had 
left scarce hope to do more than resist the French power in that 
quarter and earnestly recomending the raising with all possible 
dispatch as many men as he could to succour the Provincials now 
on the Expedition to Crown Point and to assist with oxen & car- 
riages & c as that Government could not furnish a sufficient quan 
tity for the necessary transportation of stores & provisions &?. 
Then his Excelency asked the Council what they would advise to 
be don in relation to what his Lordship had demanded of him. 

The Council after considering the subject matter of his Lord- 
ships said letter came to the following resolve (viz). Resolved 
that 'tis the opinion of this Board that his Excelency cause to be 
enlisted or impressed two companys of men each to consist of fifty 
but not to begin the levys till his Excelency had advised with the 
assembly in as much as the expense that will attend the said levys 
& transportation &c of the men when raised cannot be defrayed 
without they make provision therefore — 



;}4 PROVINCE OF NEW-HAMPSHIRE. [1750. 

^ [p. 102] His Excelency ordered to be read at tlie Board a- letter lie recj d 
from GoverDOur Shirley dated Boston August the 28 th 1756 giving 
an account of sundry French Nuterals passing thro' the Massachn- 
Betts into this Government in their passage as he feared to Nova 
fcJcotia cfc which he hoped his Excelency would endeavour to pre- 
vent Which letter beiug read his Excelency asked the Council 
What they would advise him to do to prevent such French persons 
making their escape thro' this Province to Nova Scotia. To which 
they did advise that his Excelency issue orders to all officers civil 
& Military not to suffer any such French persons to enter this 
Government & if any should have got within the limits to appre 
bend them & send them i mediately back to the place from whence 
.they came and deliver them to some officer there. (1) 



At a Council holden at Portsm according to his Excelencys 
s unions on Sunday October the 3 d 17oG. 

Present 
His Excelency the Govcrnonr — 
Theod r Atkinson ) Sampson Sheaffe "} T , 

Rich 11 Wibird [ Esqs Joseph Newmarch f ^ sqs 
Jn° Downing ) 
His Excelency laid before the Board sundry letters he received 
from the Camp at Lake George & Fort Edward from Gen 11 Wins- 
] dw & Coll Meserve & c dated the 20 th September last with an ace 1 
of the scituation of the Provincial forces there also a copy of the 
proposals made by Lord Loudoun to the several agents to take 
what provisions & stores supply 'd by the several Provinces &now 
remaining there his Lordship having engaged in said proposalls to 
lip. 103] receive & pay therefor & c . And as the agents for this 
Province have represented to his Lordship that these orders were 
to get the provisions & c up to Lake George but had no power to 
make any transfer thereof which representation of the agents were 
also laid before the Council with a state of the provisions <fc c . — 
Then his Excelency asked what orders the Council would advise 
him to give relative to the premises To which the Council gave 
their advice that his Excelency issue orders for delivering to Lord 
Loudoun's orders all such provisions as shall be now remaining at 
Albany as above. 

His Excelency then acquainted the Board that he was informed 
by Coll Harte who arrived last night from the camp with de- 
spatches to him that tho' the New Hampshire regiment was in 
better health than many other regiments there, yet there was a 
plumber sick lame & wounded — and then asked what method they 

(1) See Journal of the Hou-e.— F.i>. 



1757.] RECORDS OF THE COUNCIL. 35 

would advise liim to take to get them to their respective habita- 
tions — 

The Council considering the great distance & difficulty of trav- 
elling or transporting sick persons by land so late in the season — 
think it advisable that a suitable vessell be immediately sent to 
Albany to bring" such invalids to this river — 



1136865 



Province of } At a Council holden at Portsm by his Excelency 's 
New Hamp r y Sumons, Jan y 18 th , 1757. 

Present 
His Excelency the Governour 
Ricn d Wibird Daniel Warner 

John Downing 
[p. 104.] His Excelency laid before the Council his Majesty 8 
Comands signifyd to him by the B* Hon ble the Lords Comisioners 
for Trade & Plantations in their letter dated White Hall, Octob r 
9 th 175G, directing that an Embargo during his Maj'- vs pleasure 
should be laid upon all vessells clearing out with provisions from 
any port of this Province — Then asked the Council what method 
they advised to take in rendring effectual his Map' 8 comands in the 
premises <fc c . The Council advised that his Excelency pursue the 
directions signifyd to him in the Lords Comissioners for Trade 
and Plantations letter above said — which was accordingly don. 



At a Council holden at ' Portsm by his Excelency 's Sumons on 
Fryday March 11, 1757. 

Present 
His Excelency the Governour 
Theodore Atkinson "| T . i Daniel Warner Esq. 

Rich 3 Wibird | ^ sqs 

His Excelency lade before the Board a letter he rec d this morn 
ing dated Boston Feb y 9 th , 1757 from Lieut. Govern 1 ' Phips in- 
closing a copy of a letter his Honor rec d from his Excelency the 
Earle of Loudoun dated K. York March 2 d 1757, desireingan Em- 
bargo might be laid upon all vessells for the present in all his 
Maj tys Governments, which letters being read at the Board together 
with a Proclam a issued in the Province of the Massachusetts Bay 
for laying an Embargo in that Province His Excelency asked the 
Councils advice in the Premises, who advised to his Excelencys 
issuing a Proclamation in this Province laying an embargo on all 
vessells til further order and accordingly a proclamation issued. 



36 PROVINCE OF NEW-HAMPSHIRE. [1757. 

|_p. 105.] At a Council holden at Portsm by his Excelency 's 
Sumons on Tuesday August 8 th 1757. 

Present 
His Excelency the Govern our 
Theod r Atkinson ] -p, , Dan 11 Waimer Esq. 

Rich* Wibird j ^ SqS 

His Excelency laid before the Board a letter signed G — Christe 
A — D. Q. M — G. Capt in the 48 th regiment commanding at Albany 
dated Albany August the 4 th 1757, 12 o'clock, acquainting hia 
Excelency that by letters he rec d from Gen 1 Webb from Fort Ed 
ward he apprehended the design of the enemy was against Fort 
Wm Henry and that on the third they were attack'd and the fir- 
ing of cannon and small arms continued till near sunset when they 
ceased but the issue not known as all communication between the 
«* Fort and Fort Edward was cut off and desired all the govern 
ments would send all the force they could to their assistance — hi^ 
Excelency also laid before the Board a letter rec d from Gov r Pow 
nell, dated Boston, August 7 th 1757 acquainting his Excelency of 
the measures he proposed in lending assistance. 

His Excelency adjourned til tomorrow 9 o'clock there not hav- 
ing been time to convene a suitable number of the Council. Accord- 
ingly the Council met at 9 o'clock, A. M. 

Present, 
His Excelency the Gover 1 " 
Theodore Atkinson *] Joseph Newmarch ^ ^ 

Rich d Wibird V Esqs. Daniel Warner S q8 

Sampson Sheaffe J 

[p. 106.] The Council again read the letters as laid before 
them yesterday and his Excelency demanded their advise thereon 
what assistance they tho't proper he should send to the assistance 
of the besieged. 

The Council took the letters &c y under consideration and in 
as much as Fort Wm Henry being at the distance of near 350 
miles from hence the Small Pox in almost every pass in the way 
the extream heat of the weather at this season the great numbers 
of men already in the service from this Province now under Lord 
Loudoun not only those in the pay of the Province but the most 
if not all the Raingers in four Companys, & a Comp* of carpenters 
enlisted by Coll. Meserve that the Province is allmost drained of 
all the men suitable for such service in the woods, and if General 
Webb should march the men now posted at Charlestown and 
thereabout to Fort Edward this Province would be entirely ex 
posed to the incursions of the enemy and the frontiers very naked 
and defenceless and at the same time as near Crown Point as Foil 
Wm Henry is to the city of Albany, with this difference that be- 
tween the frontiers of this Province and Crown Point there is 



H9H| EECOEDS OF THE COUNCIL. 37 

nothing to make a stand against the enemy and therefore are of 
oppinion under the present circumstances they cannot think it for 
his Majestys service to advise his Excelency to march any men to 
such a distance — But think it advisable that his Excelency give 
the necessary order for two hundred men either horse or foot as 
his Excelency may think proper to hold themselves in readiness to 
march at the shortest notice to the relief of any place that may be 
attacked on any of the frontiers of this or the adjoyning Province, 
[p. 107.] His Excelency then acquainted the Council that he 
tho't it necessary to pull down the South West bastion of Fort 
William & Mary at New Castle it being much shaken and is 
falling down and that he proposed in rebuilding it to make the 
bastion something larger and also some parts of the wall between 
the s d bastion <fc gatewaj and asked the Council weither they 
would advise to the laying the stone work in lime mortar to which 
they did advise. 



At a Council holden at Portsm by his Excelencys Sumons on 
Fry day August 26, 1.7-57. 

Present 
His Excelency the Govern' 
Theodore Atkinson ") ™ Sam 1 Sollev ) w 

liich d Wibird j JJiSqS Dan 11 Warner j tL8 ^ 

His Excelency laid before the Board a letter he rec d from Lord 
Loudoun dated on board the Winchelsey at Sea the 18 th of Au- 
gust 1757 acquainting his Excelency that he had rec d advice of the 
surrender of his Maj ties Garrison at Fort Wm Henry and that he 
hoped his Excelency would lend his whole force to oppose any 
further progress of the enemy in case they should make any fur- 
ther advances acquainting that his Lordship was then on his pas- 
sage to New York to give his aid in driving back the enemy. 

His Excellency also laid before the Board Go vera our Pownalls 
letter of the 25 th of August 1757 from Boston acquainting him 
that he had rec d despatches from Lord Londoun on his passage 
to New York and that his Lordship depended upon the Assistance 
•of all his Maj tys Governments in such measures as might be taken 
in carreying on an offensive warr & c . and proposed his Excellency 
should supply his Lordship a number of carts & quantitys of fodder 
for cattle and send them forward to Albany, & c . (1) His Excellency 
[p. 108] the Govern' then asked the Council what they would 
advise him to do in relation to these affairs. 

The Council took the same under consideration and came to the 
following resolution — To advise his Excellency that they tho't 'tis 
impossible to collect any quantity of fodder in this Province, the 

(1) The letters above referred to cannot now be found. — Ei>. 



•38 PROVINCE OF NEW-HAMPSHIRE. [1757. 

drought being ho severe that there is not more than half a usual 
crop and that transporting of ox carts to Albany is scarce practi- 
cable by reason of the great distance & impassable roads in the 
way and therefore advised his Excellency to wait Lord Loudouns 
further advice before he makes any preparations of that sorte. 



At a Council holden at Portsm by his Excellency's Sumons on 
Fryday December 23 d 1757. 

Present 
His Excellency the Governour 
Theodore Atkinson ] Dan 11 Warner ) ^ 

Rich d Wibird [> Esqs. Joseph Newmarchj ' *' 

Sampson Sheaffe J 

His Excellency laid before the Board a letter he rec' 1 from Capt. 
John Dunkley Comander of his Maj tys ship Enterprise of this days 
date acquainting his Excellency that a mob consisting of two hun- 
dred men or more had seized the longboat belonging to his Maj fyh 
said ship and had drawn her into the country & c . acquainting his 
Excellency that under these circumstances he could not think him- 
self safe here, and that therefore he proposed to carry his ship to 
Boston, <fe c and tho't it his duty to acquaint his Excellency of it 
and to desire to know how he should come by his boat again & c . 
Which being read his Excellency asked the Council what they 
advised him to do in the premises. 

[p.109] The Council taking the said affairs under consideration and 
to show their abhorrence of this act of violence a crime so destructive 
to Society in general which in its consequences tends to the sub- 
version of all authority and good order of this Government, come 
to the following resolves, viz. 1. That his Excellency be advised 
to give his # orders to the High Sherriff to cause the said boat to be 
imediately carryed to a boat building yard and there thro'ly re- 
par'd with all possible expedition. That she may be deliver'd in 
as good order to Capt. Dunkley with her tackle and apparell as she 
was when taken out of his possession. 

2 dly That his Excellency give his orders to the civil officers for 
apprehending such of the said rioters as may be discovered espe- 
cially the beginners or first promoters of the s d riot in order to 
their being dolt with as to law and justice dotli appertain. 



OOKEBSPONDEN CE , 

Showing a Conspiracy for the removal of Governor Benning 
Wentworth from office. 

[Copied from original letters in the Archives of the N. H. Hist. Society.] 
Note by the Editor. 

The administration of Governor Benning Wentworth was greatly em- 
barrassed from 1747 to 1750, by a powerful opposition arrayed against, 
him both among members of the House of Representatives, and some of 
his Majesty's Council. The following letters between Richard Wal- 
dron Esq., Col. Isaac Royal, and others, will fully explain the origin^ 
progress and failure of a plot to displace the Governor from office. The 
correspondence implicates Gov. Jonathan Belcher, as at least counte- 
nancing the movement ; it also illustrates the character of some of the 
leading men of that period, and is very important to be read and under- 
stood, as explanatory, in part, of the singular proceedings of the legis- 
lative body, as recorded in the Journal of the House— 1748-1750, The 
letters here published, are only a part of the correspondence relative to, 
the same matter. Thev are numbered for the sake of reference. — Ed. 



(No. 1.) 

.Prom Hon. Richard Waldron (1) to Gov. .Belcher. 

May it please yo r Ex. 

(My most dear and Hon' 1 Friend) 

If I go over the line, or keep not a due distance. iny e manner of my 
address, let my affection be an Excuse, and let your Goodness forgive the 
Trouble this Time, and I promise that in future I'll transgress no more 
in y e like kind. 

I am now sit down to a difficult Task, being elated with Joy, and de- 
press'd Avith Grief at the Same Instant, my Joy arising from your Happi- 
ness, and my sorrow from the distant situation I am in from y e place des- 

(1) This Richard Waldron, was son of Col. Richard, former Secretary of the Prov- 
ince, and grandson of Major Richard, who was massacred by the Indians at Dover. 
1689. Adams, in Ann. of Portsmouth, says, " On his maternal line he was the grand- 
son of Major William Vaughan ; so that he was descended from two of the earliest and 
most respectable inhabitants of New Hampshire." He Avas born in 169-1, graduated at 
Harvard College, 1712, appointed Councillor 1732, and afterward Secretary of the Prov- 
ince, by Gov. Belcher. But in 1742 he was suspended from office by Gov. Benning* 
Wentworth. This gave rise to, or rather confirmed the alienation between the Gov- 
ernor and Secretary Waldron, and hence, probably, the plot on the part of the latter to 
remove the Governor from office. In 1719, Mr. Waldron was chosen to represent the 
town of Hampton in the House of Representatives, and was elected Speaker. Gov. 
Wentworth negatived the choice; the House adhered; and hence arose a conflict and 
embarrassments which are fully disclosed in the Journals of the House, and of the 
Council and AsseinMy. Mr. Waldrca died 23d August 1753, aged 60.— Ed. 



40 PllOVINCE OF NEW-HAMPSHIRE. 

tined for your residence. (1) How then shall I express myself when Joy 
and Sorrow are jarring In my mind, And what shall I say, while a Tumult 
of passions prevails in my Breast ; and yet, how can I restrain my Pen to 
B more convenient season which perhaps may never arrive. When yo r 
Ex. first projected your voyage at Boston, I rejoyc'd, when y° embark'd 
T fear'd, when y° arrived in England I exulted, while y° remain'd success- 
less I mourn'd ; when y° pervail'd my Joys were renew'd, and when you 
were returning, my fears again took place lest y e Dang™ of the Sea and 
y e Perils of W~ar, should cut short yo r hopes and shut up y c scene before 
y° had reap'd any Fruits of yo r Hazard and Toil : Thus Sr. has my mind 
been agitated from your first setting out till the blessed news of yo r 
•happy arriv 1 at yo r Government. I wrote yo r Ex. a Line or two when I 
4irst heard you were on y e Sea and drawing near yo r Port, and now again 
•renew my congratulations on y e Event of yo r Voyage. I also take this 
opportunity to recognize my obligations to yo r Ex. for yo r many past 
:Favours, and to return my unfeigned Thanks for them. As I have for- 
merly been admitted to great Freedom, and indulged perhaps with 
greater Degrees of Intimacy than some other of your Friends, I flatter 
myself yo r Ex. wont be displeased, if I suggest a Hint or two concerning 
myself and my own affairs, and on y* presumption take leave to say — My 
living is retir'd, which has its Ease ; and I can't call it unhappy, as y e less 
I am busy'd at many things, the greater is the opportunity for minding 
y? one thing needful. I go seldom to Town and am visited but by a few 
select Friends : I enjoy a competent measure of Health, tho' it has been 
sometimes interrupted by Cholic Fits of several Days duration. My 
spouse remains in Statu quo save such alteration as the addition of 5 or 
G y rs to her age has made, excepting also an abatem 1 of y* Vivacity with 
which she us'd to be spirited once or twice a year by y e visits of Gov r 
Belcher, which are now no more. My eldest Son left me ab* 2 y ra agoe, 
to seek his fortune abroad, nothing at home offering to his mind, and 
him I have not heard of since, but under such circumstances as give rea- 
son to believe, y* y e vessel in which he went, with y e whole Company 
sperish'd in y e Deep. This is a gloomy Dispensation, but it is y e L d y l 
hath done it, and who dares say unto him, whose Counsels are uncon- 
trollable and whose Power is irresistable. Why hath thou done thus? 
My second son who was at Cape Breton and behav'd well, and return'd 
with a good character, having lost all hope of Promotion in y e army is 
now at Cocheco, managing my affairs there : hence I cannot forbeare 
mentioning y e persevering malice of our Gov r in an instance or two of 
his Treatment to him : When We were under the greatest apprehension 
of Dang r from ye Ind ns he apply 'd for a warr 1 to enlist a Comp" of Volun- 
ticrs upon a bounty Act for scalps w th out wages or subsistance ; he had 
a dilatory answ r was ordered to attend 3 or 4 days after, and he did so, 
but then was deny'd admittance ; the other Instance is, when there was 
Instruction from home for levying soldiers for a Canada Expedition, he 
Again apply 'd for beating ord ls , and tho' one of y e first in y c application, 
was one of y 6 hist y l had them, and then was limited to one regim 1 y* had 
been first pick'd, while all v e rest y l had ord rs (and some of y m y e very 
refuse of y e Earth) were permitted to beat through y e whole Province, 
which has now G regim* 8 in it: This ungent'm and cruel Partiality, with 
sundry circumstances attending it, convincing him that he was to expect 
no comision, whatever his success might be in getting men, and that they 
w'd be turn'd over to Diegos Dupes (2) he made no use of it but return'd 

(1) About this time Mr. Belcher, formerly Governor of Massachusetts and New 
Hampshire, was appointed Governor of New'Jersev, and resided at Elizabeth Town, 
K.J.— Ed. 

(■2) " I)ie.y;<> " seems to be one of the epithets applied to Gov. Wentworth, in allusion 
to his having been in the Spanish Trade before he received his Commission as Gov- 
ernor. — Bo. 



CORRESPONDENCE. 41 

it w th out enlisting a man, tho' he had many y* offered. These are mor- 
sels hard of Digestion, hut I am oblig'd to swallow y m . I say not these 
things in a way of Complaint, as it is out of y e Exc' 8 Province and pow r 
to grant me redress, but onely, as a short specimen of my own story w ch 
I tho't w d not be disagreeable to yo r curiosity, if I remain worthy of yo r 
Exc 8 remembr 06 , 

I don't mention any Particulars of our wretched Adm n bee : it would be 
tedious, and to no Purpose but to surprise y° with unparallel'd Instances 
of Folly and Iniquity ; indeed the lamentable condition we are in cannot 
be describ'd, nor known, but by those who feel it. The aptest similitude 
y t I can think of to represent our case by, is that of a Eield of Battle 
after y e fight is ended; the common People being compar'd to y e carcasses, 
and those who are y e Chief in Power, to the Vultures and ravens glut- 
ting on y e Carnage. If yo r Excel, sh'd find a leisure minute and conde- 
scend to honor me w th a line, I shall be much oblig'd. If I might have a 
word of Huske's conduct in Engl d , if y° know any thing of h% but more 
especially of what my Kinsman Vaughan was pursuing, and whether it 
was likely y* he w d have obtain'd any thing, if he had tri'd. W th the 
highest Esteem and greatest regard, I am S r . 

Yo r Ex 3 most obe 1 , most obliged, and most devoted hum. sen rt 

R. W. 
Port : 7 br 24, 1747. 
Mrs. Waldron presents her best regards. 

Note.— Sec y Waldron's letters are written m a very close hand, often on scraps of 
paper, and appear to be first draughts of those sent to Gov'r Belcher and other corre- 
spondents.— En. 



(No. 2.) 

From Col. Isaac Royal {I) to .Richard Waldron Esq. 

Charlestown, [Mass.] March 7 ln , 1748. 
Sir— 

A few Days ago Mr. Foye Delivered me your kind & friendly Letter. 
I am much obliged to you for the good opinion you Entertain of me, & 
for the many kind Expressions of y r friendship & Assurances of your ut- 
most Endeavors to promote & bring to Effect the Skeem lately proposed 
to me by your worthy & ingenious Son in Conjunction with our mutual 
friend Mr. Foye. (2) A Skeem altogether new and unthought of by me, 

(1) Col. Isaac Royal, of Charlestown, Ms., but afterwards set off to Medford. was 
a son of Col. Isaac Royall, of the same place, and a descendant of the fourth genera 
tion, of William Royall, of Caseo, Me. 16:56, and who was sent over to Gov. Endiewtt of 
Salem, Ms. 1629. as Xk a cleaver of timber." Col. Isaac was born in Antigua, where his 
father resided about 40 years. He was a gentlemen of large wealth and distinction. 
In Brooks' history of Medford, (Boston, 1855) pp. 538-539, is a Register of th ; Royall 
Family; and on pp. 170-181, is an interesting sketch of the Colonel. He resided in a 
splendid mansion built by his father, in Medford, (at first within the limits of Charles- 
town,) was representative from Charlestown to the General Court of Massachusetts, 
nine years in succession, from 1743 to 1752. In 1752 was promoted to a seat in the 
Council Board. At the time of the Revolution, he was a proscribed refugee, and his 
estate was confiscated in 1778. He died of small-pox in England, 1781. Mr. Brooks 
says he was a timid man, but of great liberality ; " his bounty laid the first professor- 
ship of Law at Cambridge. He bequeathed more than 2000 acres of land in Granby 
and Royalton, 31s., for that purpose. He left a legacy of plate to the first church in 
Medford, made bequests to Medford and Worcester, and legacies to the clergymen. 
While a member of the House of Representatives, he presented a chandelier which 
adorns its halls." His daughter Elizabeth married Sir William Pepperill of Kittery, 
Me.— Ed. 

(2) Mr. Foye was a kinsman of Richard Waldron.— E». 



** PROVINCE OF NEW-HAMPSHIRE. 

hut doubtless y" Son as well as Mr, Foye has acquainted you with the 
many Diilicisltys that lay upon my mind. I assure you Sir it was with 
great Reluctance that I was brought first to lissen to it in y e least, as not 
thinking myself capable of filling so important a place, hut the assurance 
your Son & Mr. Foye gave me of your advice & assistance from time to 
time with y e hopes & prospect of Relieving a Distressed people from 
their many Burdens are the Greatest Inducements 'o me, to Except of y s 
Place (could I obtain y e same with Hon') which I am the more Encour- 
aged by your Letter to think it will not be so great a Difficulty to Remove 
that Gentleman that is now at ye head of y r affairs as I at lirst Imagined, 
Since you assure me of the many heavy Complaints against the Gentle- 
man which can be well supported, and since Mr. Foye has assured me 
that a great Number of Gentlemen among you that are lovers of Liberty 
& friends to their Country as well as to maintain the privileges of TreAv 
Loyall Englishmen, were Determined to Remove that Gentleman wheather 
I accepted of it or not, therefore was it not Represented to me in this 
light I should think it very Dishonourable to make y e least attempt to- 
wards it, but as y«' way seemes clear & you naying assured me of its being 
Quite agreeable to you & that I should not want for your best assistance 
I will therefore as soon as you think it adviseable write to my Friend 
Slingsby Bethell Esq. who I am well assured will use his utmost Endeavors 
to serve me in this affair (& who is now a member of Parliment for y e 
City of London) I am senceable it will be attended with considerable 
charge to have it effected. I am Determined to go as far if needful as 
live hundred pounds sterling towards procureing y e same, & apprehend 
that if it can be effected that will be sufficient, neither should I choose to 
putt myself to greater Expence though I were sure of obtaining it. As 
my undertaking the affair is not so much to serve myself as y e people of 
y r Province, whome I should Endeavour if it should be effected, in my 
administration to Render them as easy & happy as is posable in my 
power & that it shall be Intirely their own faults if it be other ways. 

I am senceable should it be effected I must leave a large Estate in this 
province as well as a Beautiful situation which I have lay'd out a great 
Deal of money on to make it commodious and as convenient as is pos- 
sible to rentier life easy & agreeable so far as y e things of this world are 
capable of I am not actuated from y a views of adding to my Estate, nor 
by only getting to myself a feather in my cap. but I trust from more Lau- 
dible & generous principles, viz : of gratitude to my Maker for his many 
Benefitts bestow'd upon me & a desire of being as serviceable to my fel- 
low men as is possible. 

You Desier this affair may be kept a Secret. You may depend upon it 
that on my part it shall lie so, for I look upon secresy as the greatest 
step to succeed in this affair : I assure you Sir I have not Devoulg'd it to 
any even (o my wii'e : I find by y rs y fc you have not by reason of y e great 
snowes been able to communicate it to any of y r friends, &, I doubt not 
Sir you will take that care to communicate it to those only who are Per- 
sons you arc sure can be Rely'd on, & Doubt not of your utmost Endeav- 
ours to serve me in this affair which should I obtain you may Depend 
upon it no thing in my power shall be wanting (that is worthy of your 
acceptance) to promote & searve yourself Family or Friends to the ut- 
most. 

I Doubt not but you & y r Friends will in procureing the Papers from 
the Secretary's ofilce with the Proper Certificates Due it in as prudent a 
manner as it is possible, least should y e affair be surmised it may be a 
Damige. I should be glad it may never be known that 1 am y e Person 
for whome y attempt is to be made, untill the affair be fully accomplished 
in England. Mr. Foye thinks it will be best & most proper for you Gen- 
tlemen that are for just Reasons Disaffected to y e Gov 1 '* past conduct to 
joyne together & choose Mr. Partridge (Gov r Eeleher Br in Law) for y* 



CORRESPONDENCE. 48 

agent to solicit this affair, who is a Gentleman of considerable influence 
at home and who would be likely with proper applications and present- 
ing your complaints to succeed in getting y fc Gov 1 ' Removed, & when that 
is Effected, my Friend Mr. Bethell may stand ready to aske the favour of 
the Place for me. As I was willing to letfc you know my mind as full as 
possible which has occationed this Epistle to be longer then I at first 
Designed. I would therefore after asking pardon for intruding so much 
on y r Time & patience conclude with all Due Respects to your self & 
Lady, Sir, 

Your most Humble Serv 1 

TSAAC ROYALL. 

P. S. Mv regards to y r Son whom I shall if possible write to by this 
Conveyance & shall be glad to be favoured with a particular Answer to 
this Letter. 

Since the foregoing letters Mr. Foye communicated his letter to me y ! 
Letter you wrote him of the 4 of March & I shall when you think best 
send y 3 hundred pound old Ten r for copys &c. 
To the Hon ble Richard Waldron, Esq r . 



(No. 3.) 

From Mr. Waldron to Isaac Roy all. 

Sir— 

I have yo r favor, of y e 7 curr* and have duly consider'd the full contents 
of it : I am much pleased with yo r Resolution, and the Motives and In- 
ducem t3 to it and shall heartily contribute my best Endeavours to bring 
so good a design to a happy Issue. I shall consult our Friends on what 
.you mention (from Mr. Foye) touching Mr. Partridge, and you may de- 
pend shall take every step that looks most likely to forward and promote 
the agreeable scheme and to Crown it with success ; I have not been 
idle since I last wrote you, but have been gathering together some ma- 
terials for a complaint, and have begun to Form one, but as the principal 
vouchers are to be had from the Secretary's office it cannot be complected 
till I am furnish'd with copys from thence which I purpose to have soon 
demanded, and by the next Post hope shall be able to inform you how we 
are like to succeed there, and sha 1 from Time to Time keep you advised 
of our Proceedings, till the Part that is to be perform'd here is bro't to a 
Head. I am of opinion that it will be best to acquaint your Friend in 
London with the Design by the first ship, and remember him of it by 
every after opportunity, till we are ready to forward the Compl 4 that he 
may have the longer space for making Friends and preparing the way 
for its welcome and effectual reception. As secrecy is one of the Poles 
on which great actions generally turn, I am glad we are agreed in opin- 
ion on y £ point, however I am afraid it will be necessary to mention yo r 
name to some, and in y* case I must desire yo r consent for it especially 
to such as I understand are yo r particular Friends and acquaintance. As 
to what y° mention in y r letter to my son touching Gov 1 ' Belcher and Col 
Vassal you may depend I will be seasonable in my request to the former, 
and in regard to y e latter I suppose his mis-carriage was principally ow- 
ing to a feeble mind, the want of proper Address and application to 
business, and y e giving himself up to Pleasure. He wrote me from Lon- 
don, that he sh d have made an easy conquest if he had had but the shadow 

of a complaint, for Mr. W th had no interest at Court worth naming, 

nor any Friend save Capt. Tomlinson, but that the Ministers, when yy 



44 PROVINCE OF NEW-HAMPSHIRE. 

made a removal chose to have some color or Pretence for it, tho' it was 
ever so insignificant. 

I am obliged to you for the handsome mention you made of my son, 
thank you for the Intimation of your readiness to oblige me, my Family 
and Friends in case of success, and am with proper regards 

Sryour most humble serv*. 

P. S. The money for w ch you mention in a Postscript may come when 
y° please y« Desposal of which y° may depend upon having an exact ac- 
compt of. 

Indorsed— "Copy to Mr. Royall, March 11, 1747." 



(No. 4.) 

From. Col. Royall to llichard Waldron, Esq. 

Charlestown, March 21 9t 1747-8. 
Sir 

I Received y r agreeable favour of the 11 th Instant and am much oblig'd 
to you for the same & for your Repeated Assurances of your utmost En- 
deavours to promote and bring to effect y r scheme now on foot, and as 
secrecy is a grand Ingredient in this affair, I should think it advisable 
that it be not known that any attempts is making towards y e Removal of 
y e Governor or so much as y e least hint, no further than what is neces- 
sary for y e gitting the propper Certificates and other papers that is need- 
foly from the several offices, much less can I think it advisable that my 
name should be mentioned to any at least at present, for fear of some 
Barrs being laid in the way, which may Deter if not Totally defeat the 
thing, otherwise I should cheerfully grattifye you in consenting to y e Re- 
quest in that Respect, We may very often take those to be our friend who 
are friends to y e opposite party & so blow us in our Designs : I think it 
will be Enough Sir to mention it to y r friends or those you can Rely on : 
that y e place to be obtained is for a gentleman of Fortune who seeks it 
not from any misonary or selfish veiwes but from a Principle of Regard to 
Heuder himself as serviceable as possible which are y e Trew motives & 
Ileal sentiments of my heart at this time, and hope it ever will continue 
to be such. I observe by yr 8 that you have geathered togeather meterials 
and have begun to form your complaints only wate for some of the Prin- 
ciple vouchers from y e Secretary's office to compleat y e same which Doubt- 
less by this time you have obtained, and shall be glad to know of y ! suc- 
cess, agreable to y r assurance by y e Return of the Post, & of y r proceed- 
ings from time to time, and should be obliged to you when you have got 
your complaint Ready, with the Vouchers to send home you'd be so good 
as to favour me with a sight of it befor it goes ; agreable to your De- 
sire I have this Day wrote to my Friend Slingsby Bethell, Esq. acquaint- 
ing him of the affair, & to ask his assistance, which I Doubt not of as far 
as lays in his power. I am glad that it seems agreeable to you the pro- 
posal of Mr. Foye & myself Respecting Mr. Partrige, and* beg that as 
speedy an application as is possible in y c affair may be made to him by 
y'self and the gentlemen who are heartily engaged with you in in this 
affair, & I am obliged to you for y e assureance of y r speedy application to 
Gov 1 '. Belcher ami doubt not as he has so great a Regard for you y r appli- 
cation to him will be of considerable Influence & weight with him to pro- 
cure Letters of Recommendation from him to his B r Parterige & others 
that may be servicable in y e affair. 1 observe what you mention Respect- 
Col V assail & shall Endeavor to shon those things that you mention 



CORRESPONDENCE. 45 

prove his miscarrage, I observe what he wrote you when in England 
that he should have had an easy conquest in ye obtaining the place if he 
had had the least shaddow of Complaint which I am much surprised at 
as I had binn Informed that you & others had furnished him with suffi- 
cient meterials well vouch'd, and I am surprised that ever he should go so 
many hundred leagues to obtain a place without carrying sufficient me- 
terials to Remove all the obstructions in his way. As to what you men- 
tion in y r Postscript it shall be sent you in a very short time, haveing 
not to add at present, I remain with all Due Respects to y r self & lady* 
Sir 

Your most Humble serv*. 

Isaac Royall. 
To Richard Waldron , Esq. 



(No. 5.) 

From Mr. Waldron to Col. Royall. 
Sir- 
On Wednesday last I rec d : y r Favour of y e 21 March ten days after Date 
of it, and take Notice of all you say and you may depend (as I have said 
before) shall take all the best methods I am capable of to stear clear of 
Difficulties, & carry the affair into such a channel, where tis likely we may 
meet with the least obstruction ; but I esteem it quite necessary that the 
matter should rest a little while, for reasons I wrote last week to Mr. 
Foye, to which must pray you to be referr'd, as also to my son who set 
out this morn on a Journey southward intending to make it in his way 
without fail to wait on you before his return in ord r to give you an ac- 
count how matters stand, & show you the necessity of mentioning your 
name, for there are two Persons already guess d at (which I should never 
have dreamt of) whom our Friends don't relish, I am glad you have wrote 
to Mr. Bethell and hope you'l forward a duplicate by y e next conveyance 
and y* our not proceeding so fast as we intended will be no discouragem 1 ' 
to you, but rather double y r vigour, as the delay is purely to fortify our- 
selves the better for the Design. As to Col. Vassal whatever y r tho'ts 
were, I can assure you, he carry'd not a Scrip from this Province, for I 
was the principal Person in his confidence, but relyed wholly upon driv- 
ing his Design thorough by the Dint of his money, which I am almost 
ready to think he might have accomplish'd had he not taken another Turn, 
and spent it in Pleasures : I am credibly inform'd he intended a second 
attempt this summer, but he is now no more. I hope by y e next Post to- 
write to Gov 1 " Belcher, but we can't well write to Mr. Partridge till the 
complaint is ready, for we must have y t & y e letter signed together. 

I had a conversation 3 Days agoe w th Mr. H. Sherburn to whom I could 
not avoid mentioning yo r name upon his promise ot secrecy ; he told me 
he was well acquainted with you, gave me an agreeable character of you 
and said he lik'd you well, but withall gave his opinion that 'twas best to 
wait a little, before a Demand was made at y e Secretary's office, to see 
how some matters now on the carpet would turn out. 

Indorsed— "Copy to Mr. Royall April 1, 1748." 



40 PROVINCE OF NEW-HAMPSHIRE. 

(No. 6.) 

From Col. Boy all to Jlic/i d WbUdron Esq. 

Charlcstown, April ll ;!l , 1748. 
Sir— 

Your favour of the first of this Instant I Eec a this Day sen' night ; the 
contents of which I liave Duely observ'd, as also the letter which 3011 Re- 
fer me to of Mr. Foye, aud I think you Judge quite Eight in not proceed- 
ing in the affair any further at present, inasmuch as I perceive by yours there 
are matters of great consequence Depending now in your Province, which 
have given great uneasiness to many, Even to friends of the gentleman you 
mentioned as also your Assembly being now so near their Disolution &, a 
new one call'd in their stead, all which things Doubtless will prove great 
helps towards effecting our scheme ; and I assure you, Sir, the Delay in 
this affair gives me no uneasiness, especially in as much as by it we shall 
be furnished with meterials to make the more vigorous push ; I see by 
yours that you communicated the scheme to Mr. Sherburn and am glad to 
Lind that he approves of y c same, & that he so heartily Joynes with you in 
the affair, & I much approve of bouth his and your sentiments in the Ee- 
spect of the Delay at present, and should be very glad to be favour'd with 
a line from him. 

As I had the favour of a visett from your son at which time we conversed 
very freely upon those affairs and as I doubt not but he has communicated 
the conversation which pass'd between us to you, so it would be need- 
less for me to Enlarge on it. Leaving ail matters to your wise and pru- 
dent management, I remain with all Due Respects to your self, Family & 
Friends, 

Sir, your most Humble serv 1 . 

Isaac Eoyali.. 
To the Hon bie Richard TValdron Esq. 
In Portsmouth, New Hampshire. 



(No. 7.) 
From Mr. Waldron to Gov*. .Belcher. 

},\:\y it please yo r Ex- V . 

I rec d y r Favour of y e 7 of October last, a month and four Days after y c 
date of it and was about to acknowledge the rec* of it immediately, but 
upon an apprehension that I might have something more to say in a little 
time, than a bare owning its coining to my hands, I have hitherto post- 
poned it, and now, S r , give me leave to say that I rec tl y e Favour w th such a 
greatful sense of yo r Exc V3 kind remembrance of me, that Time itself will 
be scarce aide to erase the agreeable Impression it made on my mind. 

1 acknowledge I did not write yo r Exc. during y e term you mention, 
and y 6 only reason was bee : it c'd be of no service to you; and as to my- 
self, I had" nothing to ask of y e Court as I had neither Gold or Silver to 
enforce a request, without which 1 am sensible no Favours are to be ob- 
tained in v' regions where Mammon reigns. 

The; satisfaction yo r Exc. has from a royal Justification of yo r past con- 
duct, yo T being resettled in a pleasant and fruitfull country, among a 
kind & respectful] People and situated on ye Banks of y e American Eu- 
phrates, with yo T other line accommodations, are all very desirable cir- 
cumstances; and to what Pitch of contentment can't your Ex- vs Wisdom 
and Piety heighten them, tho' the Salary and Perquisites are not such as 



CORRESPONDENCE. 47 

perhaps were expected and might be reasonably wish'd for ; and as to the 
want of Conversation, might not that Defect be in some measure repair'd, 
by a Lady from Boston, N. York, Philadelphia, if none in y° Jerseys to 
your Taste ; and can it be, that a Gentlewomen of suitable' age & fortune 
who w'd be one spirit as well as one Flesh with you could fail to sweeten 
the remains of life. The religious remark yo r Exc>~ makes on y e length of 
y e shadows, y e Decline of yo r Sun, and low remaining sands, is a good 
Instruction to me (and perhaps was so intended) which I hope I shall 
properly apply and that it wont prove a fruitless Lesson. 

What your Exc. says of renewing our Correspondence and yo r kind 
mention of my Family, with yo 1 ' wishes for our prosperity, I esteem as a 
renewed mark of your goodness to me & mine. I have but 2 sons left out 
of 8 children, viz. Thomas, who has pitched his tent at Cocheho for y« 
present, and George who yet remains with me. It is a wretched ace* we 
have of one of our Feather Hunters, one of which is not, having drop'd 
his plumes, and being gather'd to y e Congregation of y e Dead, and y 8 other 
says his Bro 1 ' was gone from London before his arrival, for w TCl1 reason he 
did not sue him. The Don was in bitter agonies till Roclomontado's re- 
turn, and this leads to the main thing I have to offer, namely — y 4 ab l G 
weeks agoe my son being at Charlestown was introduced by Mr/Foye to 
Mr. Royall, where .hey soon fell into a political conversation particularly 
on y e Governm 1 ot N. II., in y e close Mr. R. agreed to advance G00£ Ster. 
to remove y e Don, (1) and gain his Chair, provided I should approve of 
y e scheme, & w'd lend a helping hand to furnish a proper complaint w dl I 
heartily like, and am now doing my part that way. Several L'ttrs have 
passed between him and me on y e affair. My Son was again at Charles- 
town last week, & by w' I learn from him & y e Gent s ownL'ttrs, together 
w th Mr. Foye's, I find he is quite steady, and even sanguine in y e Design, & 
it may be, when y e purse is once opened, the sum will be doubled, rather 
than y e attempt sh'd fail ; he delights to display his riches and tis said 
will bleed freely when lion 1 ' calls — he has already wrote to his correspond 1 
who is a Pari* mem. from y e city of London, and desired him to be pre- 
paring the way, he intends to write to Adm 1 Warren & Hawke, who are 
both of y m his acquaintance & Friends. It is proposed, that the com- 
plaint go to Mr. Partridge as agent for y e subscribers, and y* Mr. Royals 
friends stand ready to sollicit for him in case of success. 

I understand Mess rs Belcher (2) & Foye are full in the scheme, and have 
wrote or will soon write to yo 1 ' Exc. upon it. Y e Gent has nrg'd me 
pressingly to engage yo r Exc. Interest as far as 'tis in my power, which I 
do now humbly request, particularly y* you'l be pleased to give us yo 1 ' 
best Directions for our proceeding here w th such L'ttrs to yo 1 ' Friends in 
England as may most tend to promote y e Design w ch will greatly oblige 
me, altho' I have very little Inclination to interrupt my repose, w th y e 
Embarrasm ts of Governm 1 , hcving found by yis Experience y* y e sweets 
of retirem* are too precious to be barter'd, for all the Toys N. H. can be- 
stow, yet I own I am sollicitous to remove a creature y* is both a Tyrant 
and an Ignoramus, more especially as I am convinced y t it w'd be his de- 
light (if in his power) to crush me and my family into atoms. I heartily 
wish prosperity to y e Prov. w ch does not deserve so much as that from me ; 
but to speak undisguised Truth, my principal stir is the promotion of my 
Son, and to give him y e chance of being a rising spoke in j e wheel of Gov- 
erning whose behaviour at Louisbourg and prudent conduct at home, 
have made him much y e favorite of y e people and equally y e hate of y e Don 
and his Dupes — an instance of w cl1 we had a fortnight agoe at a gen 1 Town 
meeting here, when y e Spanish party made their utmost efforts to gain a 
set of selectmen, who, maugre all y r arts, had a great majority ag st them, 

(1) An epithet applied to Gov. Wentworth.— Er>. 

(2) Probably refers to a brother and a son of Gov. Belcher.— Ed. 



48 PROVINCE OF NEW-HAMPSHIRE. 

and my son had a considerable number of votes more y n any other man — 
bnt I And I am running into a strain of vanity, which I must pray y r Exc. 
to excuse, since I don't enlarge — With mine & Mrs. Waldron's highest 
Esteem and best regards, I am y r Exc> s most dutiful most obed fc & most 
obliged, hum. serv 1 

it. W. 
Port. Ap 1 15, 1748. 

P. S. Y c enclosed was written one Day before I rec d yours of y e 7 8 or 
last, and was intended to go by that week's post, but upon y e rec* of y* 
Favour I tho't proper to suppress it especially till such time as I sh'd 
have further occas n to write to yo r Exc. And tho' I acknowledge it is now 
quite out of season yet as I found it lying by me, I have taken y e freedom 
to forw d it. 

I wrote yo r Exc. y* 24 Sept. and sent it to Mr. Belcher praying his 
favour to forward it. I sh'd be glad to know whether it has reach'd yo 1 
hands. 

I am as above 

R. Waldron. 
Same date 

Indorsed—" Copy to Gov r . Belcher 
April 15, 1748." 



(No. 8.) 

From Mr. Waldron to Col. Royall. 

Sir- 
Yesterday I rec d y r Favour of y* 11 th curr* by the Post. I have but lit- 
tle to add to what have already said both to you & Mr. Foye. Providence 
seems to be giving a turn to our affairs quite to my wish The discon- 
tentment is increasing, and some of y e officers talk of going home to sol- 
licit for a redress of their grievances, particularly one Maj r Gilman who is 
cashiered. I hope all things will work together for good, and that we 
shall be able to make good Earnings out of y e Evils of y« present Day — for 
surely nothing could have happen'd more opportunely to favour our Design 
than what has been, and now is doing ; I shall communicate yo r L'ttrs to 
Mr. Sherb" and desire him to write you. My son who is at Cochecho gave 
me an ace* of w 1 pass'd at y r house, and you may assure y r self what- 
ever is proper to be done in every respect as soon as ever it is a suitable 
time for action will not be neglected. With my complim^ to j'ourself & 
Lady, I am, Sir, y r most hum. ser\ rt 

B. W. 
April 22 d 1748. 
I wrote lately to Gov r Belcher last post, and earnestly requested his ad- 
vice and Interest. 



CORRESPONDENCE. 49 

(No. 9.) 

From Col. Roy all to Mr. Waldron. 
[Extract.] 

Charlestown April 26 th , 1748. 
Sir — 

"Yours of y e 22* 1 of tins Instant, I this day rec 3 , by which I perceive that 
the affairs of y e Governm* seem to operate greatly towards forwarding our 
scheme & that there are several gentl 1 " of the Military Ordei Ceaschaird and 
others reduced to a lower standing than what they ought to have been and 
that they are goeing home to have their grievances Redress'd ; all which I 
apprehend must operate greatly to our advantage. I had an Intimation 
within a few clays past as if Col. Richmond was going home to Try if (as 
a recompence for his galliant behavour at Cape Britton) he could gett 
your Goverm* and by some Expressions which he drop't when in company 
with me Just before y 1 ' Court was Disolv'd I believe there is something in 
it; however I don't think it will be of any Desservis to us. I perceive by 
yrs v0ll have not as yett seen Mr. Shirburn But that you Intended to very 
shortly. I should be very glad to be favour'd with a line from him. Mr. 
Eoye and myself Did Design to have taken a ride y e way, but Believe we 
shant be able to accomplish it now, as I have affair of some importance 
coming on and Election being so nigh must adjourn it till afterwards." 

Sir vour most oblig'd and 



To the Hon' * Rich d Waldron, Esq. 



Very humble Serv 1 

Isaac Royall. 



(No. 10.) 

From Mr. Waldron to Col. Royall. 
Sr— 

I rec' 1 yo 1 ' Favour of y° 2G th April which I could not answer at y e return 
of the Post, nor have I had any thing Material to offer since, nor indeed 
should I have troubled you now but on a Busyness which I think will oper- 
ate well toward promoting the grand Design — it is to pray you to seal and 
forward the inclosed to admiral Warren through the hands of your friend, 
and to recommend the case of Mr. Sherburne to the Admiral if y° think 
proper, who has a personal knowledge of him. Mr. Sher" intends home 
in the Fall, and if he goes w th a live, zeal? will give a good Lift to w* we 
Intend. 

The letter is sent open that you may see the contents, and what it in- 
closes which has made the lion and his Dupes almost outrageous, and 
some of them tell Mr. Sherburn he is used only as a Cat's-paw to hurt the 
Gov rs interest at home &c. 

The Term of the Present Assembly is drawing to an End, the 4 th of June 
compleating their 3 years which will be now soon at an End, I would fain 
hope we shall be able to make some advantage of the new choice, tho' I 
expect we shall have greater struggles than ever there were before, the 
Gov 1 ' and Council having granted several new Townships, for no other 
purpose as I suppose but to augment the number of votes. I am now at 
Cochecho, so can't answer any Particulars of your last letter not having it 
with me. The inclosed papers were sent me this morn from Portsm by 
Express which I pray may be forwarded by first conveyance ; being for- 



50 PROVINCE OF NEW-HAMPSHIRE. 

warded they can't fail of being servicable to our Design. I expect 1 shall 
quickly have occasion to write you again & in the mean time shall be glad 
of a line at the Post's return. 

I am, Sir, yo T most obed' humble 
serv*. 
indorsed — "Copy to Mr. Royall 
May 26, 1748." 



(No. 11.) 

From, Coll. Royall to Mr. Waldron. 

Charlestown June 17 rh 174s. 
Sir— 

i rec d yo 1 favour of the 26 of May with y e Pacquett Inclosed & as I ap- 
prehend it will be some service to y e proposed scheme agreable to yo 1 De- 
sier shall write the Admiral as well as Mr. Bethell in favour of Capt. 
Sherburn pr Capt. Fones & forward the Packett. I am glad to heare Capt. 
Sherburn intends home himself because the affair by his being- on y e spott 
is likely to be pusht with greater vigour. As you mention y e Don & his 
Dupes are upon y e high Hopes, I think it best & most likely to serve the 
affair, for my name to be kept an Intire Cecret because 1 am apprehensive 
it if should be* known I am concerned there will be the gi eater opposition 
made against it, and it may be a very great Damage to me if we should 
not succeed. I am not very w r ell or should write more largely on y e af- 
fairs, hut as you say yo 1 ' Assembly is now near being Dissolved and a new 
choice will speedily come on. I am of the opinion it would much promote 
the grand Design if you would accept of a seat in the lower house: how- 
ever I hope yo r Assembly will consist of such men as are agreable & will 
serve tiie publick Interest. If we should have occasion to forward any 
other papers pr Capt Fones please to send them timely & I will Inclose y 
same. I should be glad to hear from my friend Mr. Henry Sherburn to 
whom please to give my servise. I desire to know whither you have 
heard from Gov 1 ' Belcher on this affair. 

I have not to add but that I shall be allways glad to hear from you as 
often as occasion Requires, and Remaine with all Due Regards to yself & 
Lady. 

Sir. yo r most Humble 
serv 1 

Isaac Ho y all. 

P. S. My servis to y- son from whom a line would be Exceptable. 

RiCH d Waldron, Esqs. 



(No. 12.) 

From Mr. Waldron to Col. Royall. 

Sr— 
Vo r Favour of y e 17 th curr 1 l have by y e post,ara glad you Rec d my Packet, 

and y* you agree in opinion w Ml me. y 1 it may be of some service to our 
Design, and am obliged in Capt. Sherburn's behalf, y< you'l forward it by 
Fones. and write to y e Adm 1 and Mr. Bethell in his behalf. You may de- 
pend I shall be cautious as to what y" hint, in regard to the mention of 



CORRESPONDENCE. 51 

your name, tho' a Gentleman told me not long since he perceived there 
were some private steps taking- towards y e removal of" the Don, and sun- 
dry persons were guess'd at for y e intended succession, but s d he guess'd 
Mr. Royall is the man, which was mere conjecture, for I am sure, that 
person never had y e least Intimation directly or indirectly of such a De- 
sign. Our Assem. ivas dissolved y e 4 curr* w ch was y e last day of their 
3 years. No writ is yet issued for a new one, which is a matter of won- 
der in this time of war — it is that the Don is afraid to come to the Tryal, 
which is the reason of the omission, but I think it can't be long before 
lie must come to it. I am not without Tho'ts (if I should be chosen) of 
taking a seat in y e Assem. purely for y e sake of advancing our Design; but 
how y e case may be, is at present an uncertainty. I am obliged for your 
offer of forwarding other Papers by Eones. I cannot tell why Mr. Slier- 
burn has not wrote you, as I desired him several times, but I think I am 
sure it is not because he dislikes our scheme, for he has lent me the Jour- 
nal of y e Assembly w ch he kept himself, for his own satisfaction, that I 
might pick out of it what would serve towards a Complaint. I have no an- 
swer yet from Gov 1 ' Belcher, but expect it weekly. My son has been near 
'a month at Cochecho, and has been ill the major part of the Time, but you 
may be assured is as full in the scheme as ever, and more so perhaps than 
any other man, and leaves no stone unturned to make and strengthen a 
party in favour of it. I shall acquaint him w th w* you say, and when he 
returns to Portsmo' I believe you may depend on a letter from him. I 
have been in an ill state of hearth of late and am not well now, w ch must 
excuse me from anything further at present, than my complim ts to your 
self and Lady, and saving that I am, Sir, vour most numb", serv 1 . 

R. W. 
Indorsed — " Answer to Mr. Royall 
June 24, 1748." 



(No. 13.) 



Col. Royall to Mr. Waldron, 
[Extract.] 

Charlestown June 28 th 1748. 
Sir— 

" I rec (1 your of the 21 th Instant pr Post & am glad to hear you are so much 
Disposed to accept of a seat in y e House upon your being chose. I can't 
but think it will be of singular service. 

' ; I am obliged to you for y e assurances of secreting my name which I am 
still of y e mind will be best; as to that Gent m you mention who guessed 
me to be y e person as it was nothing but mere conjecture, I beg the fa- 
vour that he may not have y e least Intimation that might strengthen him 
in his suspicion but that you would use y r Endeavours to put him off the 
scent. 

" It is not a little surprising that writs for calling a new Assembly are 
not as yet Issued but I think tho' I don't very well know the circumstan- 
ces of y 1 ' Government that Fear and Danger should not prevent or hinder 
its being done, but believe this will be no Damage to our Scheme but of 
servis. 

" And as the Don has a scheme on Foot doubtless to carry an End his 
own Designs so I doubt not you & others who have y 1 ' Eyes open & are 
aware of it will Endeavour to Defeat him in all Destructive schemes and 
be Expeditious in bringing to perfection y 1 " own projections which may be 
of service to the whole Government. 



32 PROVINCE OF NEW-HAMPSHIRE. 

"Gov Shirley has prorogued y General Assembly to the 13 th of Sep- 
tember next in order to proceed on a Journey to Albany to Treat with the 
Six Nations of Indians but before their Prorogation he prevail'd so far as 
to get y c Court to send Commissioners with him who were to set out this 
d iy. 

•■ A Idler from Gov 1 Shirley was wrote to y 1 ' Gov. concerning the said 
Treaty. In answer to which Mr. Wentworth wrote (which was laid be- 
fore (iir Assembly) that your Courte was Dissolved and it would be some 
time before a new one could be got together and therefore could not do 
anything about it, but that he was well pleas'd that Gov r Shirley was 
going ie Person and made no doubt but that he should gitt y u Assembly 
when mett together into such measures as should be agreed upon and 
generously pay their proportion, or to that effect, — this to y r self. As 
you say the Reason of Mr. Sherburne's omitting to write me is not out of 
Dislike to the scheme therefore I conclude it is hurry of business but 
hope it will not be long before he will let me have the pleasure of a Line. 

" 1 Design shortly to write him and should have done it before but waited 
to hear from him. I perceive you have not yet heard from Gov 1 ' Belcher 
which I a little wounder at and also that I have not heard from him tho' 
it is some months past since I wrote him a congratulatory Letter on his 
arrival at his Government however hope we shall both have an answer 
from him in a short time. You inform me y l your Son has been at Co- 
checho for some time past and has been sick there which I am heartily 
sorry for. I doubt not but he will do every thing for y e advantage of the 
scheme and that he will leave no stone unturned to promote y e same, and 
Hint I shall hear from him on his return to Portsmouth. Should we suc- 
ceed 1 shall always have a Greatefull sence of your kindness and En- 
deavour to make Due Keturns to y 1 ' self & Son and all other my Friends 
that shall promote & serve me in the affair. 

• ; As my Friend the Rev' Mr. Whitefielcl is now gone from Bermudos to 
London who is a very popular man no doubt some of the Grandes there 
are his Friends, and bein.u - about to answer a letter of his to me from Ber- 
mudos I have some tho'ts of communicating to him our design & Engage 
his Interest therein, he has a very high esteem and regard for Mr. Sher- 
burn, 1 believe it would be of service if he also wrote him concerning the 
same, if it is agreeable t > you, if not Desire you to let me know y l senti- 
ments thereon. I am well assured lie will lay himself out to serve me to 

the Utmost Of his power. " 

••I /''main, with my besl respects to y r self & Lady (& compliments to 
your son, &c.) Sir, your nosl obliged and very humble Serv*. 



Isaac Royall.' 



Mr. Waldron 



(No. 14.) 
< 'oil. Royall to Mr. Waldron. 

Charlestown, July 18* 1748. 
SI r— 

1 rec' 1 yours of the 1 S 8 of this Instant by y e Post and perceive you have 
at Last heard from Gov r Belcher who writes he sees no Remedy for y L * 
oppress'd but a change, and that the Gent n you mentioned is able (I sup- 
,. use be means me & should be glad to know if so or not) but the sum 
proposed he thinks not sufficient. I should think five hundred pounds 
sterling which I have ordered to be advanced, if need be, is sufficient, and 
J think I mentioned i! to you in a former letter, but if that sum should 
not be enough 1 si. a,!! no' be backward to go something further. 

In yours of 3 flrsl July you mention Gov Belcher's mistaking v e Dates 



CORRESPONDENCE. 53 

of y r Letters & so giving an answer contrary to Expectation and then Re- 
cite a paragraph from Ms Letter that he thought y e affair Dyed in Embryo 
& so needed no particular answer, but then what you mention directly 
after seems to look Discouraging as tho' he was not so hearty in the 
affair as you at first Expected, which I am sorry for. I suppose by y° 
affair being carreid thro' in case you should have an agreeable assembly 
without Foreign Assistance you mean without Gov Belcher's Assistance. 

I am sorry he mistook what you wrote about, however as you have 
wrote him again & therein rectified y e mistake & give him a True state of 
y e case, I hope you will in a short time Receive an agreeable Answer. 

I am surprised you have no precepts Issued for calling a new Assem- 
bly, pray is y 1 ' Constitution such that the Gov 1 ' may Defer it as long as lie 
pleases — if so perhaps you won't have one this year. 

As to what you mention about the 111 success political affairs meet with 
in y e hands of y e Cleargy &c, I am Entirely of y r mind that is not best to 
have to great Dependance upon them in such affairs in Genearal, but how- 
ever am well satisfied that I may with confidence Rely on Mr. White- 
field's Friendship in this affair, and as he is a popular man tho' he may 
not be Imediately acquainted with any of the ministry, yet he may be 
acquainted with Gent 11 of sum Influence there who may be serviceable in 
this affair. 

I am obliged to you for y r care in delivering my letter to Mr. Sherhurm 
I have not as yet Rec d an answer from him but when I do will acquaint 
you thereof as you Desier. 

Our G r has been waiting for the Packett from England above a 

fortnight spending the greatest part of his time at y c Castle as I have 
been informed, but is at last set out on his journey to meet the Indians. 
Doubtless the precariousness of the times occasioned his Tarrying so 
long to write his friends at home that he might strengthen Ids interest 
there, & apprehend he would not have gone till he had receiv'd Intelli- 
gence from home could he have well avoided it. 

I have nothing new to acquaint you of but refer tow to y e Independent 
Advertiser in which are some smart strokes upon our Don, which paper 
I suppose you take otherwise should have sent it to you. 

I have not as yet answer'd y e letter Gov 1 ' Belcher sent me and think to 
Defer answering y e same till such time as you hear from him again, by 
that time shall be better able to Determin whether it will be Best for me 
to mention y e scheme to him or not. 

I have not to add but that I am with all Due regard— Sir— your most 
humble serv* 

Isaac Royall. 

P. S. Y e Gov 1 ' & his Friend Mr. Waldo is fallen out. My Complements 
to vo 1 ' Son. 

To Riclr 1 Walclron, Esq. 



(No. 15.) 

Mr. Walclron to Coll. Royall 
Sir— 

I wrote you ye 15"'* July, but whether any L'tt r reach'd y° I don't know. 
I rec* 1 yo 1 ' Favour of y e 18 of y e same month by y e Post and had prepar'd an 
ausw 1 ' for his return,' but being surprised w th some Hints on y e Post morn- 
ing which threatened the overthrow of our Design, I tho't proper to stop 
it till I could get farther Intelligence, and by y e Information I have had 
there is no doubt with me, but that a powerful Interest is already se- 
cured for a Gentleman who has merit to plead as well as money to en- 



54 PROVINCE <>F NEW-HAMPSHIRE. 

forcfc his request. J am under an obligation to ke< p his name a secret, as 
1 am not to mention yours. However Justice obliges me to say thus 
much, lest you should run hood wink'd into a fruitless Expense. This is 
quite an unlucky Jobb in regard to our Scheme, but as you now know it 
you may the better judge what resolution to take, and may depend y* as I 
first engaged in yo r interest, if you resolve to prosecute your Intention, 
you shad have all my Assistance, tho' the prospect of success be ever so 
small. I have said something to Mr. Foye on this affair, who will shew 
you his l( ; 

i shad be glad of a Line from you by the Tost, and to know what Mr. 
Sherburn - you who has been at Boston, and I .suppose visited 

you. 1 han't <c<:n him since his return. 

Indorsed — ''Copy to Mr, Royall, August 5, 1748." 



(No. 1G.) 

'<>:. Royall to Mr. Waldron. 

Charlestown, August 12 th , 1748. 
Sir— 

1 Re the L5 July bu1 sen prevented Answering the same 

: of a Boyl on my finger which has Troubled me much but is now 
hotter. 1 also Kec (l y rs of the ." rh Instant pr Post upon reading of avhich 1 
found some things very shocking to me & stumbled me pretty much at 
first, but upon Recollecting of what had passed between us, and yourre- 
i eated Resolutions to pursue y e proposed scheme, as well as y e good & .ureal 
opinion I had entertain'd of y 1 ' Integrity & stability made me think you 
could uevergofrom a thing which y° yourself had projected, after not only 
you but I had so deeply engaged therein here & at home. 

You know sir, it was with greal Reluctance I at first determined to pur- 
sue } aving the greatest dependence upon yo r Friendship & 
ance whi s ;reat Inducement to me. 1 ventured and was De- 
I ued to use my Endeavors to Releave y e Distress'd people ofy r Prov- 
utmost of my power and now to see you at a stand & almost 
Ready to leave me lias something of a discouraging aspect, but liov, 

i • :■"' with Honour go back, therefore am Deter- 
mined to pursue. 

• bserve you Ret ' mi le I ' July & had prepared an answer, but 

surprised with a hint I latened y e overthrow of our desigi 

you thought prope i stop it &c. I should have been glad nothing had 
iverthrow of the scheme tho' you are in no doubt 
there is a powerful] [nt< resl made for some other (rent 11 yet 1 can't think 
if you are determined to pursue the thing & continue still attached to my 
[nteresl w , aee I to be Discouraged for I am Resolved to spare 

no pains &c. to obti in the thing and have already wrote to my Friends to 
Engage them and their interest on my side according to your Desire and 
as I have in everj it< p pursued your directions Respecting this affair. I 
still expect a helping hand from you. 1 have given you the greatest as- 
nces thai I would serve you to the utmost of my power which that 
you may see I <rty in I again Renew & do assure you that let 

the person you hint about be who he will if S r William (1) himself I shah 
nol he Disheartened but am determined as I am Engaged not to be so 
childish as to give out. hut prosecute > i Design with y e utmost vigor and 
you may assure yourself no man can he more hearty to seek the welfare 
of your Government & the promotion & advantage of y r self & family than 

i See Will am Pepperill. 



CORRESPONDENCE. 55 

myself should I ever attain the thing. Mr. Foye was so good as to shew 
me y ls to him & he appeared as greatly surprised at first at what you wrote 
as I could be. 

I am oblige to you for the kind assurances you give at the close of y 1 ' 
Letter to him that you shall continue to pursue the affair if I am deter- 
mined to go on : I do assure you my Resolutions are still the same and I 
think the sooner a push is made the better. I am not for loosing any- 
time, therefore I think it would be best for you to get Ready to send by 
y e next ship and to Inclose the proper complaints as soon as may be that 
I may forward the same and write home to all my friends to make a strong- 
push Immediately having already prepared the way — as to what you men- 
tion in y e Postscript of Mr. Foye's letter abom Engaging Mr. Foye or 
some other gent n to go home and solicit the affair, I can't think there will 
be the least occasion of it as my friend Mr. Bethell is a member of Par- 
liment & of considerable Influence & Mr. Dunbar my other correspondent 
is B r to Gov 1 Thomas who is a gent n of great Interest there and Gov 1 
Thomas is a friend of mine and I believe "they will pursue this aftair to 
serve me to y e utmost of their power. I have wrote all of them fully pr 
Capt Fones and they must certainly be better able to manage this affair 
than any person sent from hence tho' never so capable. 

I forwarded Capt. Sherburn' s Packett agreeable to y r Desire to S 1 ' Peter 
Warren pr Fones and wrote him full & Mr. Bethell also in his favour, and 
let S r Peter know something of the difticultys you people labour under but 
nothing about my own affair not thinking it prudence at present to let him 
know my designs till we are prepared with Complaints to send home 
which hope you will take care to forward me Immediately that I may send 
them by the next ship which is owned by my friend Mr. Bethell. The 
Capt. dined with me last Saturday & I expect him & Mr. Belcher to lodge 
with me to night, he will sail in about a fortnight, as he is a man of good 
seuce & Breeding his being personally acquainted with me may be of no 
diservis to y e affair in hand. 

I shall be glad to have a £ull and particular Answer to this and also to 
mine of the 18 July & as Mr. Foye Informed me he forwarded a Letter to 
you from Gov 1- Belcher, if he writes anything concerning our Scheme shall 
esteem it a favour to know his sentiments. 

Mr. Henry Sherburn called at my house & Breakfasted with me in his 
way from Portsmouth but being up late y e night before was kept abed later 
than usual so that I had not above two hours conversation with him & he 
then appear'd to be quite hearty in y e skeemc. I had some expectation 
he would have called at my house in his return home when I purposed 
more fully to Discoursed with him concerning the grand aftair, but as he 
did not I was prevented, however I have great Reason to think he will use 
his Interest for me. I Desire every thing may be conducted with as great 
Secresy as the nature of the tiling will admitt of. I remain with all Due 
Regards to y r self & Lady, S r , your most Humble Serv. 

Isaac Royall. 

P. S. If Capt. Sherburn inclines to send Duplicates of his Letter and 
Complaint lett them be sent & I will forward them. 



(No. IT.) 

Mr. Waldron to Coll. Royall. 
.Sr. J 

I have by y e Post your Favour of the 12 th curr, before I proceed to an- 
swer it in form, I must take leave to premise (which I hope will give you 
no offence) that I have seen more than fifty years & never had my Honesty 



56 PROVINCE OF NEW-HAMPSHIRE. 

suspected or my Faithfullness to a friend call'd in question, that I know of 
to this day, unless some intimations in your Letter arc of that Complex- 
lion ; on the contrary permit me to produce one witness in my Favour, 
being perhaps is as good a Judge both of Men and Things as any Gen- 
tleman in these parts, who says in a late letter to me, "As- you have for 
near 18 yrs past approved yo T self worthy of being one of my Cabinet 
Friends," &c. It Is true that what [ wrote was discouraging and should 
I not have been a Traitor if I had withheld it, as I was assured what I 
hinted would interfere with your Design and threatened its overthrow. 
But did'nt I, when I intimated the danger, give fresh assurance of my 
steadiness to your Interest in case you should continue resolved and if SO, 
why then you say. 'Ihatyou see me at a stand and almost ready to leave, 
you, and again, if I am determined to pursue the thing, and continue still 
attach'd to yo r Interest. — which expressions signify that you were doubt- 
ful] of my steadiness. I dont find upon a Review of my copy that I have 
given any cause to have my Integrity suspected and am sorry that my 
honest and friendly Intentions in warning you of the Danger of spending 
yo r money fruitlessly, should be misinterpreted to my Disadvantage. How- 
ever I am ye same man and have y e same purposes and resolutions, and to 
speak once for all, so long as you persevere you shall find me steadfast. 

hi answer to yo r letter of y« 18 Ult. the Person whom our Friend at the 
southward says is able could mean no Body but yo r self, because I men- 
tioned no other Person to him. I think there is nothing more in it that 
requires a particular reply, and as to yo r last, my having said you shall 
find me steadfast, is a full answer in few words to the liiaj 1 " Fart of that; 
but it would be unjust in me not to own that the Spirit of it speaks you to 
be a Gentleman of generosity and resolution, and worthy of what you are 
aiming at. As you are determin'd to pursue the affair 1 am glad you have 
taken the steps you mention, w ch may be of service in preparing the way. 

I am obliged for the renewed assurances of your friendship in case of 
success. 

I am glacl Capt. Sherburn's Papers are gone forward, and thank you for 
offering to send Duplicates. I have a letter from our Southern friend sent 
me last week by Mr. Foye, who will not have his name mentioned in y e 
affair at prcs'. I find he was mistaken in y e date of my Letters as I here- 
tofore hinted, and being now set right, I hive no doubt of his Assistance 
after he has conversed with Mr. Foye. 1 have not seen Mr. Sherburn 
since lie return'd; 1 sent him yo r Letter yesterday noon: Your other to my 
son went last night to Cochecho (where he is.) I am almost weary of 
waiting for an Election, and if we han't one soon shall be for moving w 
waters without * * * much longer, tho' it may be Detrimental in the 
new choice. 

With my Complem ts to your self ami Lady, 
I a.m. Sr, yo 1 ' most humble Serv*. 

R. Waldkox, 

Mr. Royall. Pr Post. Aiur 1 19, 1748. 



(No. is.) 
Coll Royall to ^Fr. Wcddron. 

Charlestown, August 26 tb 1748. 
Sir 

I Rec d yours of the 19 tl] rnstant pr post and am fully satisfied of your 
steadiness & integrity to pros< cute y e proposed - cficme. ! must ac r.'owf- 



CORRESPONDENCE. 57 

edge that upon y e first sight of your Letter of the 5 th carrt. I thought you 
were not quite so hearty as I could wish but upon Reviewing the same & 
comparing it with yours to Mr. Foye I found my self agreable mistaken 
not only from the strong assurances you therein gave me of y 1 ' being 
heartily attached to my Interest but from your known Integrity & Stability, 
and aske pardon that I mistook y r Letter and wrote you as I did. 

I do assure you, Sir, tho' you thought by my Letter I was in Doubt about 
your steadiness, I have now not the least Room left to suspect y e same 
but with the utmost Dependence Rely on your faithfulness & Integrity to 
me & I thank you for your strong Resolutions to persevere so long as you 
find me steadfast. 

I assure you I am Determined to pursue the scheme at all adventures 
(since I have ingaged in it) steadily & secretly & that with the utmost 
Vigour. I am exceedingly pleased to find our Friend Gov 1 ". Belcher ap- 
pears so hearty in the thing & make no Doubt of his Friendship which 
will be of great service to gain y e point & you may be assured that his 
name will not be mentioned bj- me. I should be glad as there is a Com- 
petitor to have every thing pushed forward with all prudent speed Espe- 
cially as to y e matters of complaint that they may go forward by Mr. 
Bethell's ship, for I wrote him that by y e next they would be sent forward 
— this being y e needfull at this time, I remain with all Due Regards to your 
self & Lady & Family, Dear Sir, your most 
Assured Friend and very 

Humble Serv*. 

Isaac Royall. 
P. S. 

I am determined in my own mind 
to take a journey with Mr. Foye to Burlington (I) 
if you should think it best, so beg you would 
give me y 1 ' advice on this head. 



(No. 19.) 

Mr. Waldron to Coll. Royall. 
Sir— 

Yours of y e 20 th Aug st is in Hand & am glad to find that your suspicions 
are removed, which makes it unnecessary for me to give any fresh assur- 
ances of my friendship and assistance, especially as I have repeatedly 
said eno' on that score already. 

I am glad also to find your resolution so fix'd, which is a good omen of 
success, and I cannot but flatter my self > rt y rs a fair probability of gain- 
ing the Prize unless it should be bestowed as a reward of personal Merit 
for services already done. 

It Mill be impracticable to get a complaint sign'd within the time you 
mention, for my son who must manage that part, must be a fortnight at 
least in his saddle, before it can be accomplish'd ; beside, we shall un- 
doubtedly meet with delay, at y e Secretary's office, for Capt. Joseph Sher- 
burn by my advice apply'd there for the Seal to authenticate copy, and 
was told if he w'd add such other Copys as the Gov 1 ' had directed he 
might have it, which he refus'd to do, and so had it not. I will meditate 
on something or other, if I can ag st y e next Post to be forwarded to your 
Friend in his own Ship as a Prelude to what may follow. 

As you are pleas'd to ask my advice touching a Journey to Burlington, 
I reply, that it is my opinion that it will give you great satisfaction, as 

(1) Burlington, N. J.— Ed. 



~> s PROVINCE OF NEW-HAMPSHIRE. 

the Gentleman whom you visit can give the best of Council, and as I have 
reason to think tie will be quite hearty in his advice to promote your 
Design. 

Your Letter to my son I forwarded to him last Night at Cochecho, the 
lasl Time I saw him he said he would see you as soon as he could break 
through his Busyness, which at pres 1 is pretty urgent. Mr. IS herb urn I 
have not seen, since he saw you, which I a Little wonder at. especially as 
he has pass'd lately within 30 rods of my Door. 1 am, &C. 

Indorsed— " Copy to Mr. Royall * R. TV. 

Sept. 2<*, 1748." 



(No. 20.) 

Mr. Waldron to Slingsby Bethell, Esq. 

Sir. 

Will y" be pleas'd to permit a stranger to address yo?| it is on a matter 
of Importance, else I should not have taken the Freedom nor would that 
excuse me, was it not in Behalf of one who is in y 1 Friendship, and has 
already wrote you on the subject. 

Isaac I Joy all. Esq. is the person I mean, who being a Gentleman of 
Character, and an affluent Fortune has upon those considerations been 
sollicited for his Assistance to relieve a distressed People from oppres- 
sion, and lias generously yielded to open his Purse, and to employ the In- 
terest of his Friends for their Deliverance. 

I was in Hopes e'er this to have forwarded a Complaint ag s1 Mr. Went- 
worth the present Gov 1 ', exhibiting some parts of his male Administration, 
but several Impediments successively occurr'cl, which have hitherto 
obliged me to postpone it. 

I think I shall find the way now clear to bring it soon to a head, which 
when accomplished, will be immediately put into Mr. Royall's hands to be 
senl forward. 

The substance of the intended Complaint, is an invasion of the civil 
and religious rights of the People, superseding a Paw. arbitrary remov- 
als of Judges, partially bestowing most of the places of Power and Profit 
on hi- relations, endeavoring to destroy the Independency of the Gen 1 
Assembly, taking money out of the Treasury without an Act for it. and 
eashiering and reducing worthy and brave officers, who served at the 
siege of Louisbourg, and were again engaged in the intended expedition 
air 1 Canada, cum multis aliis, the particulars I. refer to the Complaint it 
sell', when you shall receive it. 

Mr. Lloyall knows not of my writing this Letter, but I shall send it 
him this bay by the Tost, to be forwarded, it' he approves of it. and will 
be my Apologist for presuming to commence a correspondence with an 
unknown Gentleman of yo r character and station, or to be withheld, if he 
judges I have Assumed too great a Freedom. • 
I am, Sir. yo 1 ' most obd 1 and most 
humble serv 1 

P. W. Portsm 

in X. II. in N. P. Sep'. Is. 1748. 
I caul help anticipating the Complaint by giving 
a sketch of our family, kindred, Go vernm'. which 
you'] \\\\k\ in t he enclosed Taper. 



CORRESPONDENCE. 59 

(No. 21.) 

Col. Boy all to Mr. Waldron. 
.Sir— 

I Rec cl y r kind & very agreeable Letter of the 2 d Instant (but not before 
the Post Return which prevented my answering it last post) which gave 
me great satisfaction & Incouragement to think the Report you had of Mr. 
Huskes being appointed Gov 1 ' is groundless or you would have mentioned 
it in y r last. 

It would be greatly pleasing to me to see y 1 ' Son and hope before I set 
out for the Jerseys I shall be favoured with a visit from him when we can 
more fully converse about all affairs. 

I am sorry the Complaints can't be got Ready to send pr my Friend Mr. 
Bethell's ship but however am glad to hear y'° purpose to send a specimen 
to prepare the way and if you can send the same pr next Post I believe 
will come just in time because the Capt. who Dined with me last Satur- 
day with Mr. Foye &c. and spent y e Sabbath with me Informed me he 
could not get ready to sail before the latter end of next week if then — I 
have had considerable Intimacy with the Capt. since lie has been here & I 
think him to be a man of good sence, he was formerly consul of Naples 
.& has been a very great Traveller — he has Expressed to my Friends a 
great Esteem & Regard for me and has declared that he would do me any 
.service in his power, therefore if you think proper (as Mr. Foye thinks 
it will be best) just upon his sailing I will communicate the affair to him 
which may be of considerable service. I beleive I may rely on his Friend- 
ship that whatever I communicate to him will not be Devolged to any 
.only his and my Friend Mr. Bethell wher he may often whilst in London 
Remind him of the s d affair. But if it is not agreeable to you I will not 
do it, as I am Determined to do nothing in this affare without your ad- 
vice, seeing you were the first projecter. 

I should be glad to know what posts ar in the Governors power to give 
away, that if the Secretary's post or any other place you Desire is not in 
his Gift I may write to my Friend by the same conveyance to obtain that 
or any thing else for you and some thing for your sou Mr. Thomas (1) in 
case of success. 

I am obliged to you for forwarding mine to your son. Since my last I 
rec (l a very kind & friendly Letter from Mr. Henry Sherburn Avho Informs 
me the Reason of his not waiting on you was the great hurry of business 
he was in but purposed shortly to see you, he writes very Incouraging 
and I believe is heartily in the thing; I hear your Don and some great 
men have bought Masons Right so called, which I apprehend will hereaf- 
ter make great contention amongst the people in y 1 ' province, therefore 
whether it is not best to look out in time to prevent future Difficulty s 
(but this to y 1 ' self) being y e needful at present I Remain with my best 
Respects to y r self & Family 

llon d & Dear Sir, your 
Hearty Friend & very 

Humble Serv 1 



Isaac Royall. 



Charlestown, N. England 
Sept. 12, 1748. 



(1) Mr. Waldron's Soirs name was Thomas Westbrook Waldron.— Ed. 



<>0 province of new-hampshire. 

(No. 2-2.) 

Mr. Waldron to Col. Royall. 
Sr. 

Ihaveyo 1 favour of the 12 th eurr 1 I am glad my letter of y e 2 d was 
agreeable and encouraging. 1 have heard no talk of the Bermudas news 
lately, and as several ships are arrived from England, since that report 
was first spread and have bro't no confirmation of it. it was doubtless 
without Foundation. I am sure my son would be as glad to wait on you, 
as you could be to see him, but I'm afraid it will be too hurtful! to his in- 
terest to move just now. I entirely acquiesce in your communicating the 
Design to the gentleman you mention, who assuredly will not hurt hut 
may help to promote it; Great machines have little wheels, and the 
greatest Buildings small pins, so in State Matters, great Events are 
sometimes promoted by petit Instruments, yo 1 ' eomphn ts in saying you 
shall do nothing in y e affair without my advice, will always be a stimulus 
to my zeal, and an obligation to my giving the best that my capacity will 
afford, you ask what Posts are in the Gov ra gift. Tor answ*take a sketch 
of our Constitution — the King appoints the Gov 1 ' and y e Lieut Gov 1 ' when 
we have one. and the Councillors being- 12 in number, when y e Board is 
full; the Gov 1 ' appoints the Judges & Justices w ch sir 1 be done with the ad- 
vice of y L ' Council according to y° s <l Instrument, but that has not always 
been observed; he also appoints the Secretary, Treasurer, Sheriff, Regis- 
ter of Probate, and the Military Officers; all w (h appointing are in the 
Crown itself if his Majesty pleases, for we have no Charter, and the Gov 19 
Commission being the Foundation of the Governm*. The Gene 11 Court ap- 
points the Register of Deeds claiming the right by prescription, and the 
Sup 1 ' and Infr Courts appoint their Clerks by authority of the Law. but 
those Clerks are generally recommended by a letter from the Gov 1 '. The 
Councill 18 and Representatives have (I think) the same wages as with 
you, the Judges of the Superior Court have no salary, and each saves per 
haps ."> or 10£ pounds a year new Ten 1 ' out of their Fees; the Judges of ye 
[nfer r Court may each probable save ab* 25£ a year. The Secretary's al- 
lowance and honest perquisites may amount to about 70£ a year. The 
Treasurer who is also Commissary makes good earnings in Time of war; 
I cannot guess what, but in peace I believe his office is'nt worth more 
than 4o or 50£ a year, the Clerk of the Superior Court's office is worth ah* 
30£ a. year, and the register of Probate's the same. The Clerk of the In- 
ferior Court's office and the Sheriff's are the two best offices in the Gov- 
ernm*, and are probably worth near 12o£ a year each. The Judge Pro- 
bate's office is worth from 20 to 25£ a year. Thus. Sr. I have given you a 
touch of our Governing and of the places of profit within the same. But 
what I have said of the profits is merely conjectural, and not to be relyYi 
on. You are exceeding kind and obliging in offering to mention me and 
my son to your friend for any office not in the Gov ls gift. I shall always 
acknowledge this as a very singular Instance of your kind regards. As 
to myself I can hardly find any Inclination to be further concerned in pub- 
lie affairs. I was in the Secretary's office 27 y is . I was a Councill 1 ', Judge 
of y e Infcriour Court and of Probate, and Justice of the Peace ab* 10y rs 
and these I think were a suflcient share for me, especially as my days arc 
on the Decline and my sun so far beyond its meridiem 

As to my son who is man of a good character and reputation, and in 
general esteem among the people here, and who deserves well both of his 
King and Country for his services at the siege of Louisbourg, he com- 
manding one of the whale boats which first linded in Chepeau-rouga Bay, 
and being one of the Captains that commanded a Company in sustaining 
the advance Battery the first davit pla'd on the City, when the Trench 
was hardly knee deep, and not 200 yards from the city walls, upon which 



CORRESPONDENCE. 01 

the Enemy kept a continual Fire all the day both with Cannon and Mus- 
kets, and where the volleys of small shot were like showers of hale, and 
for which he has been very illy requited by Mr. W— ntw— th, I say with 
respect to him, I shall be glad, that he may have some marks of your 
Friendship, as a reward of his Merits, in case of success, and be promoted 
in such maimer as may be for his Interest and the public good. 

Be pleased to excuse what I have said of my Son, for tho' it is no more, 
nor half so much as Justice to his character demands, yet I acknowledge 
it comes but with an ill grace from a father's pen. 

There is one thing I have often tho't of mentioning namely, That if you 
should succeed and not constantly abide here, it will be almost absolute 
necessary for your peace, that there be a Lt. Gov 1 " that you may confide 
in, otherwise you may meet with Trouble that is inconceivable, as Gov 1 ' 
Belcher did from Lt. Gov 1 ' Dunbar, Gov 1 " Dudley from Lt. Gov r Usher, and 
Gov 1 ' Shute from Lt. Gov 1 ' Yaughan, who always attempted to set the 
Province in an uproar, as soon the Gov 18 Backs were [turned] and to 
counter-work all their schemes, and there is no reason to think the case 
will be otherwise now, for Mr. Jaffrey, Gov 1 ' Wentworth's brother-in-Law 
is sen 1 ' Councill 1 ' who has the same full power of Govermm in a Govern- 
or's absence out of the Province, that a Governor has himself when he is 
in it, and there is a Party that will adhere to him and be like a nest of 
Hornets, when he iias power to support them. This is a thing worth your 
consideration unless you resolve on a constant residence here. I suppose 
a Lt. Gov 1 ' 8 commission which is no other than a Warrant ,pf 10 Lines 
under the Privy Seal and may be had, lor almost any Body for 5 or G 
guineas or ten at most, especially as there is a vacancy and no body to 
remove. Col Dunbar who was the last Lt. Gov 1 ', being appointed Gov 1 ' 
of St. Helena and gone thither y rs agoe. But then the Difficulty will arise 
Where is the man? I hope. Sir, you w T on't think I have said this to lead 
you to make me a complim 1 upon it. No, I assure you I have no such 
meaning, for if I had an Inclination my Prudence could not give consent, 
as I well know such a station must unavoidably be attended w th a consid- 
erable expence without any salary or Perquisites to defray it, which my 
purse will not admit of; moreover. I am so far from making this proposal 
in my own Favour, that I am not determined to ask to be restored to my 
place at the Council Board, from Avhence Mr. Wentworth illegally sus- 
pended me, or rather pretended to suspend me, for I find in myself a much 
stronger Bias to retirm* than to launch again into the Busy world now in 
my advanced years. 

I sent Mr. Sherburn's letter to him yesterday morning, and that to my 
son last night. I am glad you approve of what I wrote to Mr. Bethell; 
but am sorry your journey is delay 'd bee. I think it will be convenient for 
you to be at home sometime before the Mast Fleet sails w dl perhaps may 
be ah* the 10 th of November. I am obliged to you for offering yo 1 ' care of 
a Letter to Gov 1 ' Belcher, which is what h'el expect from the hands of Mr. 
Foye. If I hear from you by the Post 'tis probable I may write you again 
next week, be that as it will I Wish you a pleasant and prosperous Jour- 
ney, and with my Compl mts to yourself and Lady am — 

[Indorsed] " Copy to Mr. Royall 
Sept. 10, 1718."' 



62 PROVINCE OF NEW-HAMPSHIRE. 

(No. 23.) 

Col. Royall to Mr. Waldron. 
Extract. 

Charlestown, N. E. Sept. 19^1748, 
ll.-n 1 "- Sir, 

" I am obliged to you for y sketch you give me of the nature and con- 
stitution of y r Province and y 1 ' posts of honour and profitt that are in the 
Gov ra power to bestow, winch I apprehend will be a great use to me, and 
I have thoughts of giving a sketch of some of them to 1113" friend Mr. 
Bethell, Tho 5 ! am afraid I shant have opportunity of doing it by this 
vessel, as she sails to-morrow & my pacquett is seal'd up. 

•• I am fully satisfyed by other hands as well as by your letters of the 
arbitrary proceedings of your Gov 1 " in Illegally suspending you from the 
Council, and superseding you and putting his Brothers &C. into the offices 
thai you so worthily fill'd; but Sir, hope ere long to have the pleasure to 
Restore you to all y 1 ' former places again, which should I be so happy as 
10 succeed, I assure you the service of y 1 ' self & family shall employ some 
of my first thoughts. & hope a Gentleman of y 1 Talents and capacity will 
not think to live a retired life when you may be so eminently serviceable 
to y 1 ' country. 

' ; I am sencible the character yon give me of y' son. he well deserves 
& I have heard Coll. Riehmon & several others commend him much for 
his gallant behavour at Louisburg, & and assure you Sir, in case I succeed 
nothing shall be wanting in my power & I shall with great pleasure pro- 
mote & serve a young gentleman of his worth & merit, and have already 
wrote my friend in his favour. 

" With my hearty respects to y 1 ' self Lady 

and family, I am, Dear sir. your sincere 

Friend & most humble serv* 

Isaac Royall." 



(Xo. 24.) 
Private letter from Mr. Waldron to Gov 1 Belcher. 

May it please — 

I have wrote y° this day. and committed it to y ( ' care of Capt. Huske, 
in which I omitted some things lest a too prying eye >h*d reach the inside 
of it. It is generally expected both at Boston and here, that the Don will 
soon be superseded, the candidates for the succession are K-tt-ry (1) Ro- 
domentado(2) and Sapling (3) 

The first I have reason to think has consented to the Ex a of a thousand 
yellow Boys, and will go further if need require to carry the Point. I say 
consented, bee : he is pretendedly passive. — the Sp-hw-k(2) Son the man- 
ager. — this I say by guess hut on a good Foundation. 

The second is more insignificant than when he had Lady Topsail to 
council and guide him: he is quite poor, and has nothing but his oilicc to 
find him Bread; what he said of his thousand pieces is unquestionable 
without foundation : the Dependence is on the Brother's Interest to ask 
and have, and the Son to pay the Fees. His wife sold most of her Interest 
at Berwick to enable him to go to England, & 'tis tho't her reflections up- 
on it broke her heart. 

(1) Sir William Pepperel? (2)Hon.Ellis Hueke? (3)Col.Isaa< Royall? 

(2) 8parhawk, Bon-in-law of Sir Wm. — Ed. 



CORRESPONDENCE. bt> 

The third I know has ordered 7 or 800 Guineas certain and I believe 
more if need be to gain the prize. His friend who is to manage for him is 
Slingsby Bethel!, Esq. worth a himd (1 thous d p d Ster. and member of Par- 
liamt for London, who wrote him in May or June last, he will do his best 
to obtain what he desires. Beside a Maj r & Capt. at Louisbourg and in 
ye intended Expedition ag st Canada, are gone home in the Mast [ships] 
laden with heavy complaints ag st the Don, which was their only Busyness ; 
so that upon the whole I can't but think there is reason to hope for re- 
demption from our present Bondage, by one means or other. 

Your Exy Favour of Dec 1- last I have answered in that of this Day, w ch 
Capt Huske has to forward. With my heartiest wishes for yo 1 ' Ex? pros- 
perity I am, yo 1 ' ExcJ" s most obedient and obliged 

humble servant 
I shall this day desire R. Waldron, 

Mr. Foye to forw d w th this _ Portsm March 10, 1748-0. 

what I wrote in Sept 1 '. 
When yo 1 ' Ex. receives my 
letters, I shall be obliged, 
if I know it. 



(No. 25.) 



Letter from Committee of Gen 1 Assembly to IIo?i blQ Slingsby 

Lethell, Esq. London. 

[This letter is in the hand writing of Mr. Waldron. — Ed.] 

Hon bie Sir— 

We being a Committee of the General Assembly of his Majesty's Prov- 
ince of New Hamp 1 ' in New England, in America, take leave to apply to 
you in Behalf of the said Province, upon the recommendation of Isaac 
Royall, Esq. requesting your Favour, in presenting an Address to his 
Majesty for us, and using your Endeavours to obtain a favorable answer 
thereto, especially in the removal of Mr. Wentworth our present Gov- 
ernour, whose arbitrary attempts on our civil and religious Privileges, 
together with his unskilfull conduct, in the Administration of Governm 1 
have bro't us into the most distressing circumstances, and rendered him- 
self quite disagreeable to the Generality of our People ; and unhappy as 
the situation of our affairs is, there is no probability of its being better, 
till his Maj'ty shall be graciously pleased to place a Gentleman of better 
Abilities, and a different Disposition in his room. 

The Address witn its vouchers accompany this, which we hope will be 
sufficient; however, we think it not improper to give a specimen of some 
parts of the Governors conduct, in a few particular Instances, b} r which 
his habitual character may be the better known, and his capacity for gov- 
erning a Province the better judged of. 

He has made various attempts to wrest the Records of Deeds, which 
contain the Peoples Titles of their Inhabitances out of the hands of their 
representatives, and to lie the sole Disposer of them, tho' the General 
Assembly has always had a vote in the appointment of a Recorder, ever 
since there has been a Government in the province. 

He has made an attempt also on our Ecclesiastical Privileges, by abro- 
gating a Law (as far as he could) incorporating a Parish, and reserving 
the presentation of the first Minister to the Presid* and Fellows of Har- 
vard College (in Mass a Bay) or the two sen 1 ' Ministers in this Province. 
The case was thus : A number of People, in the ancient and large Town, 
of Exeter, living remote from the Place of public worship, petitioned the 



64 PROVINCE OF NEW-HAMPSHIRE. 

•Governor, Council and (Jen 11 Assembly, conven'd in their legislative ca- 
pacity to incorporate them into a Parish; the Petition was granted, and 
an Act was pass'd conformable thereto, and the Name of the Parish was 
railed Brentwood. Sometime after there grew a Discontent among the 
Parishioners, and a Party petition'd the Gov 1 and Council to divide Brent- 
wood into two Parishes, and accordingly lie with the Advice of the Coun- 
cil, pretended to Supersede the Act whichhe himself had sign'd not long 
before, and by Letters Patent as he call'd the Instrument, to make a new and 
second Parish, within the Pounds of Brentwood, by the name ofKeenbor- 
ough, and in the said Instrument to reserve the presentation of the first 
Minister as aforementioned: which we suppose to be the first Instance of 
the kind that ever "was in N. England, and is directly contrary to a stand- 
ing Law of the province as well as to his Majesty's gracious Indulgence 
in that regard. To this Ave may add, that but a few years agoe, the High 
Sheriff of the Province, Brother-in-Law to the Governor, entered into a 
meeting-house on the Lord's Day in the time of public worship, with one 
of his Deputy's, who by the Sheriff's order enter'd the pulpit and seized 
Hie .Minister then performing divine service and forced him not onely out 
of the Pulpit but out of tiie House, tho' he was then officiating as a Gos- 
pel Minister at the Desire of the major part both of the Church and con- 
gregation. This was universally supposed to be done by the Governor's 
Direction, and is another new Instance of arbitrary Power not known 
before in New England, that ever we heard of. 

Again, it is but a year or two agoe that the Gov 1 ' publicly declared, that 
the Supreme Court of Probate in which he presides, was not oblig'd to 
observe the rules of Law, tho' the Inferior Judge was. 

About sixteen months agoe, the Governor sent the Secretary to the 
General Assembly with the Draught of two votes for them to pass upon, 
who said they were in the Governor's writing, and that the Council were 
of opinion, they would answer the Ends proposed — this Avas on a Money 
affair, and was enough to have raised their Indignation, as the Drift of it 
was manifestly to bring the Assembly more and more under his Influence, 
and at last to render their Independency, as a Branch of the Legislature 
utterly void and of no effect. 

Furthermore, It is a Thing beyond Doubt with us, that he has taken 
large sums of Money out of the Treasury without Law and disposed of 
them at pleasure, and this under colour of a Loan to the King to pay off 
the Troops intended for Canada: — whereas there was no grant made to his 
Majesty in that Respect, a vote onely being pass'd, that when the sum was 
ascertained, which his Majesty desired to borrow, the Assem. would lend 
t lie money, and pass an Act accordingly, but the sum was never ascer- 
tained, nor an Act pass'd ; the Governor (doubtless) choosing rather to 
exercise his power upon indefinite sums, than to be under a Limitation ; 
an exact account of his management in this matter, will hardly ever be 
bro't i.) Light, unless his Majesty should be pleas'd after a new Governor's 
appointed to issue a Commission of Inquiry into this Dark and myste- 
rious affair, by which 'tis probable much unrighteousness might be dis- 
covered, and considerable sums of money saved either to his Majestys 
Exchequer, or the Treasury in this Province or both. 

We are. Sir, your most obed 1 and most humble 



Sen- P. YV. 


[Pich'i Waldron] 


P. G. 


[Peter Cillman] 


Portsm in X. Hamp r in New England, .1. C 


[James Clarkson] 


April L3, L749. T. M. 


[Thomas Millet] 


Copy P. W. H. S. jun 


[Henry Sherburne] 


Hon ble Slingsby Bethell, Esq. Sent to Mr. \l 


oyall, April 11. 17 Vj 


for conveyance. 






CORRESPONDENCE. 65 

(No. 26.) 
Fro-iii the Committee to Sliiigsby JBcthett, Esq. 

Honorable Sir — 

We have wrote you this clay requesting your Favour in presenting an 
Address to his Majesty for us, the Expense of which Mr. Royail has en- 
gaged to defray, and will so write you by this conveyance. 

That Gentleman's compassionate concern for this Province, and his be- 
nevolent Disposition and Readiness to help us under our Difficulties, oblige 
us in gratitude, to pray you to exert your best Endeavours and Influence, 
to get him the Government of this Province, in case of Mr. Wentworth's 
removal. 

This request we have the more reason to urge, as Mr. Royail is a gen- 
tleman of an affluent Fortune, and so willbe under no Temptation to oppress 
or receive Bribes, and moreover, he has so good a character in general, as 
gives us much reason to think that if his Majesty would be graciously 
pleased to place him in the chief-chair here, the Province would be happy 
under his Administration. 

We are, sir, your most obed 1 and most 
humble servants— 

Richard Waldron 
Portsm in N. Hamp 1 ' in Peter Gillman 

N. England, April 13, 1740. James Clarkson 

Hon ble Slingsby Bethell, Esq. Thomas Millet 

Copy, R. W. Henry Sherburn, jun. 

Sent to Mr. Royail, April 14, 1749, for convevance. 



(No. 27.) 

Hon. John Thorpe to Slingsby Bethell, Esq. 

Lincoln Inn, July 5 t!l 1749. 
Dr S r . 

I have perused & considered the Address of the General Assembly of 
New Hampshire against Gov 1 ' Wentworth and am extremely sorry to find 
that the matters contained in the Address instead of answering the Ex- 
pectations of the Assembly in procuring the removal of Mr. Wentworth 
will in my apprehension fix him firmer in his seat of Government & pro- 
cure him the Royal sanction and protection. The address consists of 
these articles of Complaint. His issuing writs to places not privileged 
to send members to Elect Representatives; His refusing to suffer the 
House to sit or to approve their Speaker, till the House permitted the 
new members returned pursuant to the said writs to sit and vote in the 
choice of a Speaker : 

In both which he is clearly warranted & supported by the Royal Instruc- 
tion Issued by the Lords of the Regency ; for by that Instruction it ap- 
pears Mr. Wentworth was directed and required to Dissolve the former 
Assembly merely because they refused to permit the members Elected for 
Towns who had never sent members before to sit & vote in the choice of 
a Speaker— It is likewise expressly declared by the Instruction that his 
Majesty has a lawful Right of Extending the privilege of sending Repre- 
sentatives to such new Towns as his Majesty should judge worthy thereof ; 
and Mr. Wentworth is by the same Instruction required and Directed to 
Issue Writs for such new Towns to Elect fit persons to Represent them 
in the Assembly & to support the Rights of such Representatives when 



M PROVINCE OF NEW-HAMPSHIRE. 

chose ; so that what Mr. Wentworth has done in the premises was in pur- 
suance of the Royal Command he will undoubtedly be supported & justi- 
fied in it & therefore I can never advise the presenting a Complaint of 
this kind which will certainly bring praise and commendation to Mr. 
Wentworth & very probably a censure on the Assembly; for it is most 
certain the plantations have not that Inherent Constitutional Right to hold 
Assemblys as the Kingdom of Great Britain has to the holding of Par- 
liam te , & it is equally certain that the Right any Town in our Plantations 
has to send members to the Assembly and even the Right the Plantations 
have of holding any Assembly at all is founded originally on the Royall 
Commission and Instruction given by the Crown to their Governors, and 
It is also as certain that the Governors in all the plantations have a Eight 
to negative the Speaker chose by the Assembly. The King here has the 
same Right to negative a Speaker chose by the House of Commons, — For 
t.Uo' this right is seldom or never exercised yet it is certain the Crown has 
:*. right to exercise it when ever they see proper. There is another thing 
observable, viz : That the Assembly of New Hampshire met and acted 
.after the Gov 1 ' had negatived their Speaker which is wholly unwarranta- 
ble as they were not a House without a Speaker. The facts mentioned in 
their private letter are strong matters of complaint but none of them are 
mentioned in the address. I therefore apprehend it will not be advisable 
to present the present address, but that instead thereof a new address be 
presented to the Crown not by way of complaint against Mr. Wentworth 
as to his Issuing the new Writs & negativing the Speaker, but humbly 
Representing against the Royal instruction shewing the Inconveniences 
arising from it and praying his Majesty to recall it, and to have a repeti- 
tion of complaint against Mr. Wentworth charging him with such acts of 
male-administration as they shall be able to make out, which I am in- 
formed there will be no difficulty in doing, particularly in relation to his 
Disposal of military Commissions; thus I have given you my real senti- 
ments on this Address, and am with the most perfect Truth & Esteem, 
Dear Sir, 

Your most obliged and ever 

faithfull Humb le serv*. 

John Thorpe. 
To Slingsby Bethell, Esq 1 ". 

Superscribed — "Messrs. Waldron, Gillmau, Clarkson, Millet and 
Sherburn, Gent" of the Committee of the General Assembty of 
New Hampshire." 

Indorsed — "Copy of Mr. Thorp's Letter to Mr. Bethell, July o, 1749, 
sent to the Comittee by Mr. Royall, Sept. 13, 1749." 



(No. 28.) 

Coll. Hoy all, to Gent n of the Committee. 

Charlestown, Sept. 13 th 1719. 
•I'i.ilemen — 

1 wrote you some time since that I had forwarded your Address to my 
Friend Mr. Bethell by him to be presented to his Majesty: Since which 
have none of y 1 ' Favours. I have now to Inform you that I am advised 
by Mr. Bethell in his Fetters of the F h & 8 th of July last that Mr. Went- 
worths Interest is great at home, & that Mr. Thorp in a letter to Mr. 
Bethell of the 5 th of s d .Inly acquaints him that in his opinion it is not ad- 
visable to present the address to his Majesty, because the matters there- 
in contained, instead of forwarding the Removal of Mr. W th would 



CORRESPONDENCE. 67 

.tend to Establish him the firmer & procure for him the Royal Protection, 
as you will see by these letters (for which I am heartily sorry) the per- 
plex'd & embarrass'd state of >" r publick affairs as Mr. Thorpe writes so 
fully & as they may be of service to y r Province I have enclosed you &. 
Mr. Waldron copys verbatim of the aforementioned Letters. 

Gentlemen I heartily return you my thanks for your kind sollicitations 
>& Endeavors to procure for me the Chair of Government among you, and 
had providence smiled upon the Attempt I trust I should have' exerted 
myself to have made you a Jaappy People, but as my ill state of health 
grows upon me & the Intricacy of your affairs are such as makes the pros- 
pect of success Distant & quite uncertain, I must wholly Decline taking 
any further steps in the prosecution of this affair. I shall ever wish well 
to the good People of your Province, & pray God to direct and Bless you 
in all your Public Affares. 

Having not to acid save to Assure you that 

I am with the profoundest Respects, 

Gentlemen, your most obliged 

Humble serv*. 

Isaac Royall. 
'To Messrs Waldron, Gillman, &c. 



(No. 29.) 

Letter from Col. Isaac Royall. 

[Copied from MS. Corr. Vol. II, p. 43.] 

Charlestown, January 15 th 1749-50. 
Dear Sir. 

Yours of y e 22 d ult° came safe to hand and I am much obliged to you 
for proposing (as I think you did) to y e Com tee to write me, but as they 
did not comply therewith I shall not say anything further on that head 
only that my proceeding so far as I did to serve your Province proved very 
Detrimental to myprivate Interest & Health, it being above above a Thou- 
sand Pounds Damage to me, so that I am much poorer this Day than I 
should have been had I not Engaged, by ordering such large quantitys of 
Sugar home to Defray the charge that might attend the affair, which sold 
fifty pr. ct. less than I could have had for them here, besides a Dispute 
between Mr. Vassall and myself in Antigua when he was on y e spot & I 
stade heir waiting for y e event of our Scheme which was a greater dam- 
age to me than y e former, but however since it has so happened I must 
.be contented & if the Gent 11 of y e Com tee Don't think I have done what is 
worth their thanks I am quite Easy, since I know I have Don all I could 
to searve them & acted uprightly in the affair. 

You have been Rightly informed concerning Mr. Bollans acc ts and I 
jam apprehensive that the Court will choose him agent for the Province 
again the next week when y e choice comes on, the members of our Gen- 
eral Court are so much Divided in their opinion that we have not done 
one single article for the Benefit of y e Province tho' we have sat near 
Eight weeks, what is done one week is wholly set aside in half an hour, 
so that we are in a melancholly situation, and I fear nothing will be done 
to Releave the people. 

According to your Desire I have sent you the Journals of the House for 
your amusement and shall as opportunity presents itself give you some 
Intimations of what may happen during the present Sessions. 



<>8 PROVINCE OF NEW-HAMPSHIRE. 

I am concerned that your publick affairs remain under a cloud till now — 
but hope the Sun will break out ere long and scatter those Mists of Dark- 
ness that at present hang over you, and may S r William be the happy In- 
strument of relieving your Distressed Province. 

I am very sorry to hear of your Indisposition but by your next hope to 
hear you arc perfectly well. 

Being much Engaged in the Publick affairs I have not to add but Rest 
■with mine & Mrs. RoyalTs Compliments to y 1 ' self & Lady — 
Am Sir, your Friend & most Hi>m ble Serv* 

Isaac Royall. 

To the Hon We Rich' 1 Waldron, Esq. 



J O U It NAL 



HOUSE OF REPRESENTATIVES. 



NOTE BY THE EDITGE 



The Journal of the House which follows, to May 31 st , 1755, is copied 
from a MS. bound volume in the Secretary's office, labeled "Journal of 
the House — 1747-1755." It is a continuation of said Journal, as printed 
in Volume V., page 590. Interspersed, in order of date, will be found the 
Speeches or Messages of Governor Benning Wentworth, Avith many im- 
portant letters and official documents which are of great interest and val- 
ue. Indeed nearly all public papers and documents, belonging to this 
period of our Provincial History, are comprised in the Journal of the 
House, instead of being spread over all the pages of this volume ; and 
will on that account, the Editor trusts, be much more easy of reference. 
Pages in the margin correspond with pages in the MS. Journal. 

[p. 104.] Anno Hegni Her/is Georgii Seeundi Magnw JBrit- 
anice Francim cb Illbernice Vicesimo Secundo. 

A Journal of y e House of Representatives at a General Assem- 
bly of his Majesties Province of New Hampshire in "New England 
begun and held at Portsmouth in s d Province on Tuesday y e Third 
Day of Jan. 1748-9. 

At twelve o'clock the Members not being Generally Come in the 
Secretary by the Governor's Order Adjourned the General Assem- 
bly till to-morrow 11 o'clock. 



Wednesday JaiP the 4 th 1748 at 11 o'clock the following Mem- 
bers being present As Return d from the following Towns Viz. 

( James Clerkson Esq 1 ". 
From Portsm < Eleazer Russell Esq 1 '. 

( M r . Henry Sherburne Jun r . 
T . ) Tho s Millett Esq r . 

, Uoy,ei ^M?. John Wentworth 



^0 PROVINCE OF NEW-HAMPSHIRE. [1749. 

TT . (M r . Joseph. Philbrick 

Hampton - }> . , , \ x - , -, v . 

1 (Richard W aldron Esq r . 

Hampton Falls Meshech Weare Esq 1 '. 

g . , j Coll . Peter Oilman 

( M\ Zebulon Giddings 

[p. 105.] Newcastle Tho fl Bell Esq r . 

Stratham Moses Leavitt Esq r . 

Newington M r John Knight 

Londonderry John Macmurphy Esq 1 '. 

Greenland Clem* March Esq r . 

The Sec' y Came into the House & adjourn' d the Gen 1 Ass m by 
his Excellency's Direction till to Morrow 12 o'clock. 



Thursday Jan y 5 th 1748 — 
Present at 12 o'clock the Members which were present yesterday 
there being present Also Fr6m Durham Cap 1 . Jon a Thompson 
There also being present in the House Cap* Abel Morss who Ap- 
pealed as being Called in by the King's Writt to Represent the 
Town of Chester And also M r . Samuel French who appeared in 
the Same Manner for South Hampton. 

The Hon ble Ellis Huske John Downing & Theodore Atkinson 
Esq™ Came into the House And Said they were Sent by his Ex y to 
Administer the Oaths to the Members Return'd And Accordingly 
Administer'd the oaths Appointed Instead of the oath of Allegi- 
ance & Supremacy to the Following persons Viz. 

James Clerkson Esq 1 Eleazer Russell Esq 1 '. 

Mr. Henry Sherburne Jun r Tho s . Millett Esq 1 ". 

Mr. John Wentworth Mr Joseph Philbrick 

Richard Waldron Esq 1 '. Meshech Weare Esq 1 '. 

Coll. Peter Oilman Mr. Zebulon Giddings 

Tho' Bell Esq 1 ' Moses Leavitt Esq 1 ". 

[p. 1 00.] M 1 '. John Knight John McMurphy Esq 1 ". 

Clem*. March Esq 1 '. Cap 1 . Abel Morss 
M r . Samuel French 

And the Oath & Declaration being Subscribed they withdrew 
And presently the Hon 1 ' 11 ' Richard Wibird Esq r . Came into the 
House And said he was Sent by his Ex y to Inform the House that 
his Ex y Required the House immediately to proceed to the Choice 
of a Speaker & present him. 

And the question being put whether M 1 ' Morss & M r . French 
who appeared from Chester & South Hampton should have a voice 
in the Choice of a Speaker it unanimously pass'd in the Negative 
And then the House proceeded to Choose a Speaker And the 



1749.] JOURNAL OF THE HOUSE.. 71. 

Hon bie Richard Waldron Esq r was Chosen Speaker by every Vote 
except one And he was Accordingly Conducted to the Chair 

And then James Clerkson Esq r . Tho s . Millett Esq r Coli Peter 
Gilman And M r . Joseph Philbrick were sent to Inform his Ex y 
that the Honse had Chosen Richard Waldron Esq 1- , for their 
Speaker. 

Then the House proceeded to Choose a Clerk And Meshech ■• 
Weare Esq r . was Chosen Clerk and an Oath Administered to him. 
Accordingly Richard Wibird Esq r Came into the House and said 
he was Sent by his Ex y to Inquire whether the Members who were 
Return'd from Chester And South Hampton Voted in the Choice 
of a Speaker And after some Debate And Consideration Upon the 
Message An Answer was Sent to his Ex y . by Moses Leavitt & 
Tho s . Bell Es qs . that those Gentlemen who appeared from Chester 
& South Hampton Did not vote in the Choice of A Speaker. 

[p. 107.] M r . Sec y . Bro't Down the following Message from hi& 
Excellency the Governour viz : 

I am Directed by his Exy to Acquaint you that he Disapproves of the 
Choice of Richard Waldron Esq 1 ', for your Speaker And that you are Di- 
rected to proceed to the Choice of Another Speaker And that his Exy,,. 
Requires you in his Majesty's Name to send out for the member Return'd 
And Sworn for South Hampton & y e member Return'd & Sworn for Chester 
who have an Equal Right with the other members to vote in the Choice 
of a Speaker And that no Speaker will be Approved in the Choice where- 
of the Above Members are Excluded. 

Voted that y e following Message be Sent to his Ex y in Answer 
to his Message to y e house of this Day by M r . Sec y Atkinson. 

2Iay it Please your Excellency 

In Answer to your Excels Message of this clay by M 1 '. Secy Atkinson 
wherein your Exy has been pleased to Say you Disapprove y c Choice oi" 
Rich d Waldron Esq 1 ' for Speaker of this House & to Direct that we pro- 
ceed to y e Choice of Another Speaker And to Require in his Majestys 
Name that we Admit y e Members as your Exy is pleased to call them from 
Chester and South Hampton to Vote in y e new Choice And to Declare y t 
no Speaker will be Approved in y c Choice whereof y e abovementioned, 
members are excluded. The House Humbly Replys y l as soon as your 
Exy will be pleased to Shew them your Ex>' s Power to Negative a Speaker 
they will immediately Submit to it & proceed to Another Choice And y* 
as soon as your Exy will be Pleased to Evince to them y l y e pretended 
members of South Hampton & Chester have a Right to Sit and Vote in 
this house they will immediately Admit them But till Such evidence is 
produced both hi y e one Case & y e other they Cannot see y e Way Clear to, 
Comply with what your Ex? Requires in the Said Message. 

[r. 108.] While the foregoing Answer to his Ex ys Message was.- 
preparing the Sec y came into y e House And by his Exc y Order Ad- 
journed y e Gen 1 Ass m till to morrow Eleven o'Clock. 



72 PROVINCE OF NEW-HAMPSHIRE. [1740. 

Frvday Jan y <r l 1748 a. m. 

The House met according to Adjournment. 

Voted That M r Giddings S: 3I r Thompson go to y e Council & In- 
quire whether his Excellency be Come to Council or not avIio Re- 
turn'd that his Ex y was present in Council. 

The Answer to liis Excellency's Message which was voted yes- 
terday was Sent up this day by Tho 8 Millett Esq 1 M r Henry Slier 
burne Col Peter Gilman Clem 1 March Esq 1 " & Jn° Macmurphy 
Esq 1 . 

Voted That M r Zebulon Giddings & Cap*. Jn°. Wentworth cv: 
Meshech Weare Esq r . be a Com tee to go to M r . Daniel Pierce the 
Late Clerk of the House of Representatives And Demand of him 
all the Books Records And files Plans and paper which are in his 
hands belonging to the House of Representatives to be Delivered 
to Meshech Weare Esq 1 ', the Present Clerk of the House 

M 1 Sec y Come into the House and Read the following Message 
from his Excellency 

I am to inform y 1 ' members of y° Gen 1 Ass m that when his Ex vs Message 
of yesterday is fully Obey'd in y c Choice of a new Speaker wherein y e 
Members for South Hampton and Chester are to have a vote his Ex- V is 
Ready to give them Any Satisfactory Answer to things they have a Right 
[p. 109.] to Inquire into And not till then. 
Jany 6 th . 

Resolved That Any Person or persons Disposed to print the 
Journals of y e General Assembly's or Any parts of them have Lib- 
erty so to Do And that the Clerk furnish Copys for Reasonable 
fees to the person or persons who shall desire the Same And in 
Case Such Copys should be wanted when there is no General As- 
sembly subsisting that then the person with whom the General 
Assembly's Books Hies And papers shall be left shall have Power 
And is hereby Authorized to give Such Copys to the person or 
persons Desiring y e Same for Reasonable fees as abovesaid & Au- 
thenticate them by his testimony before a Justice of y e Peace. 

The Com" Appointed to go to M r Daniel Pierce y e Late Clerk 
of y e House of Representatives for y e Ijooks Records and Files 
Plans & papers which were in his hands belonging to y e House of 
Representatives made Return that M r . Pierce had Delivered to 
Meshech Weare Esq 1 ', the present Clerk of y c House the Books 
Records Files Plans & papers Containing y e whole as lie inform'd 
them which were in his hands belonging to y° House of Repre 
sentatives. 

M'. Sec v Came into the house & by his Ex ys Order Adjournal y e 
Gen 1 Ass" 1 till three of (Mock P. M. 

Fryday Jan y 6 1748 p. m. 
The House met According to Adjournment. 

[r. 1 10.] The Sec- Came into the House and by his Ex 78 Order 
Adjourn'd y c Gen 1 Ass 1 " till to morrow ten o'clock. 



1749.] JOURNAL OF THE HOUSE. 73 

Saturday Jan y 7 th 1748 a. m. 

Met According to Adjournment, 

Voted That the Hon ble Richard Waldron Esq r M r Henry 
Sherburne Jun r & Meshech Weare Esq r be a Com tee to make a 
Draft of An Answer to his Ex ys Messages Respecting y e Nega- 
tiving A Speaker And Calling in of New Members to vote in y e 
Gen 1 Ass m . to be laid before y e House as soon as may be 

Voted That the following Message be Sent to his Excellency 

May it Please Your Excellency 

The House have nothing to lay before your Ex cv to Day — They have 
Chose a Com tee to Draw up an Answer to your Ex? 53 Several Messages 
which they will Lay before your Ex>" as Soor as may be. 

Sent by M r . Weare & M r . March. 

M r Sec y Came into y c House & by his Ex ys Order Adjourned y e 
Gen 1 Ass ni . to Monday next 12 o'clock. 



[r. 111.] Monday Jan y 9 th 1748— 

The House met according to Adjournment. 
M r . Sec y Came into y e House And by his Ex cys Order Adjoum'd 
y c Gen 1 Ass 111 till three o'Clock 

Monday Jan y 9 1748 p. m. 

The House met According to Adjournment 

M r . Macmurphy & M r . Knight were Sent to the Councill Cham- 
ber to inform his Ex y That there is a Member Appears in the House 
from Rye who has not been Qualified And pray his Ex y if he thinks 
proper y* he may be qualified : — Who made Return y* his Ex y was 
not in the Councill Chamber. 

Mr. Sec y Came into the House and by his Ex ys Direction Ad 
journed y e Gen 1 Ass m till to-morrow, ten o'Clock. 



Tuesday Jan y 10 1748 a. m. 

The House met According to Adjournment. 

Voted That the Rev. M r Langdon be desired to Pray with the 
House this Morning & so from Day to Day if he Can Attend it 
During the Sessions And M r Philbrick was Sent to inform him 
thereof. 

Order'd That M r Giddings & M r Knight go to the Council] 
Chamber And inform his Ex y if he be there that there is a Re- 
turnd Member for Dover in y e House who has not been qualified 
And if his Ex y is not there to inform y e Councill thereof. 

[p. 112.] A member of the House inform'd that the Sec y De- 






74 PROVINCE OF NEW-HAMPSHIRE. [1749. 

sired that Maj 1 Davis the Returned member who was not Qualified 
should go to the Council Chamber to have the oaths administered 
to him who accordingly went up And then the See y Came into the 
House And informd the House y* Maj r Davis had taken And Sub 
scribed y c Oaths <&, Declaration upon which he was Admitted his 
Seat. 

The Com tee Appointed to Draw up an Ans r to hisEx ys Messages 
laid what they had Prepared before the House which was Read 
three Times. Richard Jenness Esq r Came into the House as a 
Returnd Member from live. 

Ordered y* Maj r Davis and Cap* Went worth go to y e Council! 
Chamber And inform his Ex y if present if not the Hon ble Councill 
that there is a member Appears Returnd from Rye who lias not 
been Qualified & pray y* he may be Qualified. 

M r Sec y Came to y e Door Richard Jenness Esq 1- y e Member Re- 
turnd from Rye went with him to y e Councill Chamber tfc then M r 
Sec y Came to y e House And informd that Richard Jenness Esq'' 
had taken And Subscribed the Oaths And Declaration upon which 
he was Admitted to his Seat. 

Then M r Sec y Came into the House And by his Ex ys Order Ad- 
journed y e Gen 1 Ass" 1 till three o'Clock. 

[p. 113.] Tuesday Jan y 10 1748 p. m. 

The House met According to Adjournment. 

Voted That the following Message be Sent to his Ex y y e Gov- 
ern our 

May it please your Ex>' 

With your Exys permission we will make a short recapitulation of y c 
Several Messages pass'd between your Ex>" and this House touching your 
Exy fi Power to Negative a Speaker and Introduce Members amongst us 
not Warranted by Law Usage or Custom or any other Authority that we 
Can find. Then wc'l make a Short Remark or two on what is past & Sug- 
gest a few Authoritys which we think full in Point Against what your Ex v 
Requires and then give our filial Resolution on the Premises. 

Your Ex>' first sent to this House your Direction to Choose a Speaker 
we immediately Did it And informed your Exy what we had done Your 
Exy 8 next message was to inquire whether y e Members as you were pleased 
to Call them Returned from Chester & South Hampton Voted in y e Choice 
of a Speaker. 

To which we Replyd y e Gentlemen which Appeared from Chester and 
South Hampton Did not vote in y° Choice of a Speaker. 

Then your Exy was pleased to Send us your Disapprobation of our 
Choice of a Speaker and to Direct us to proceed to y e Choice of Another 
And to Declare y l no Choice would be Approved of Unless the persons 
[p. 114.] who had been Excluded before were admitted to Vote in y c 
new Choice 

To which we Humbly Replyd that as .Soon as your Ex- V would be pleased 
to show us your power to Negative a Speaker we would immediately Sub- 
mit to it & proceed to Another Choice And as Soon as your Kx v would 
evince to us y* the pretended members had a Right to Sit And Vote in 
this House we would immediately admit them. Put till Such Evidence 
should be produced both in y e one Case & y® other we Could not Sec y c 
way Clear to Comply with w* y 1 F.x v had Required. 



1749.] JOURNAL OF THE HOUSE. 75 

Then your Ex>' was pleas'd to Reply yt when your message should be 
fully obey'cl in y e Choice of a New Speaker And the two persons from 
Chester and South Hampton Admitted to Vote in y e S d Choice that then 
you should be Ready to Give us a Satisfactory Answer to things Ave had a 
Right to inquire into & not till then 

Thus Stands y e Case Between y r Ex^ & this House And this is y e Seventh 
day Since y e Session Commenced without our being permitted to enter 
upon y e Common & ordinary business of y e Province Unless we would 
yield to y r Exy two important points of Priviledge which we were and are 
full in y e opinion y 1 ' Ex> r had no Right to Demand. 

After your Ex. y was pleas'd to begin a dispute with us did we not in- 
deavor to shorten it in a Becoming manner. 

[p. 115.] When y r Ex^' inquired whether y e persons Returnd from South 
Hampton & Chester were admitted to Vote did we not immediately Answer 
y fc they were not Tho perhaps upon a Critical Examination into'y 6 Rights of 
Governours it would be found yt y r Ex>' had no Right to make Such an inqui- 
sition yet how Readily did we yield it And here we would humbly ask 
why y 1 ' Exy Chose Rather to inquire whether y e persons Returned from 
Chester & South Hampton Voted than whether y e members Sent from 
Portsm & Dover Did— Does not y e Question imply yt y r Ex^ apprehended 
y e Chester & South Hampton persons would not be Admitted And what 
could such Apprehensions be Grounded on But a Consciousness that y r 
Ex>* had no poAver to impose them upon us. 

Then Sir with Respect to y e message we Sent to y 1 ' Ex- V Requesting to 
see y r Power for Negativing a Speaker And Admitting y e two persons 
from Chester and South Hampton Can y Ex- V imagine yt such a Reply 
should be Satisfactory to a Senatorian Assembly, your Ex^ Required of 
us Avhat Ave tho't Unlawfull and therefore AA r e pray'cl you Avould show us 
your Right to Command & promise As Soon as y 1 ' Ex>' should do so we 
Avoulcl immediately Obey — But Lo, Avhat Avas y e Reply — That Avhen your 
Message is fully obeyed you Avould give us a Satisfactory Answer to Avhat 
Ave had a Right to inquire into. What is this but insisting y l Ave should 
first take a Leap in y e Dark & then y 1 ' ExJ r would Order a Light to be held 
to us yt we might Discern Avhether we had leap'd Right or Avrong. 

And noAV Sir Avith Respect to y e authority's Ave promised to Suggest & 
first in Regard to the PoAver of NegatiA T ing a Speaker Ave And in Bishop 
Burnets history of his own times that in y e year 1679 It Avas said y e House 
had the Choice of their Speaker in them & y z their presenting y e Speaker 
was only a Solemn SheAving him to y e King Such as Avas presenting the 
[r. 116.] Lord Mayor & Sheriffs of London in the Exchequer but that y e King 
Avas bound to Confirm their Choice — Again The point Avas Setled that the 
Right of Electing Avas in the House & y t Confirmation Avas a thing of 
Course. Tims far the Bishop. And thus Ave presume y e Case Stands be- 
tAveen y e King and y u House of Commons at this day. If your Ex^ Knows 
it to be otherwise AA'e Beseech you to Communicate it to us y t Ave may 
Act According to knowledge for We Abjure all implicit faith in Politicks 
As Avell as Religion And are resolved to See Avith our Oavii Eyes And Act 
According to our oavii Understanding. 

Again Ave find a Grant Made to a Governour of a Neighbouring Prov- 
ince by Letters patent from King William & Queen Mary in the third year 
of their Reign That he with y e Council And Assembly should make Orders 
LaAvs Statutes & Ordinances Directions & Instructions for y e Welfare of 
y e Province & yt he the Governour should have a Negative Voice upon all 
Such Orders Laws Statutes and Ordinances & in all Elections & Acts of 
Government Avhatsoever to be pass'd by the General Court or Assembly 
or in Council And Tho' this power is Greater than Avhat we think is Con- 
tain'd in y r ExJ s Commission yet his Majesty King George y e first in the 
tAvelfth year of his Reign Explicitly Says that no Provision is made in y e 
Said Letters Patent meaning those above mentioned touching } r9 Nomina- 



'<> PROVINCE OF NEW-HAMPSHIRE. [1740. 

t ion & Election of A Speaker nor any reservation made for his being Ap- 
[p. 117.] proved or Disapproved by a (iovernonr. 

Upon y 1 ' Ex vs Considering what we have ottered on this Point We hum- 
bly hope y 1 Kx v will be pleas'd to retract your Disapprobation of Our 
Choice of a Speaker or Shew us that you have a Right to maintain it. As to 
Calling members of Assembly from Unpriviledged places if y 1 ' Ex>' will be 
Kefer'd to President Cutt's Commission which was the first "for this Pro- 
vince it will we apprehend Easily End y e Dispute for by it you may See that 
in y Very first formation And founding this Government the People were 
Ordered by y e King to have a hand in it. And while there was no Assem- 
bly yet in the Province and the first was to be called for a first there must 
be the King Says to the President & Councill that within a Limitted time 
they shall issue a Summons for Conveuing a Gen 1 Ass™ Observing such 
Rules & Methods and Appointing such time & Place of Meeting As the 
Electors shall think fit. And Agreeable to this in forming y° Government 
of a Neighbouring Province it was Appointed by the Crown that they 
should have two members from every Town in their first Assembly And 
that they with the other Branches of y e Legislature should Determine 
what members should be afterwards Sent to Pepresent v e Country Towns 
& Places. 

What Ave would further add is the Custom & Usage of y e Province Ac- 
cording to which by y r Ex>' s Commission Gen 1 Ass™ 8 are to be Called 
[p. 118.] which as we Apprehend has always been that the Admission of 
Any new member was by Vote or Act of Gen 1 Ass m Andfor this we would 
Refer y r Ex? to a Message Sent to y r Ex- V by a former Ass' 11 when this 
Same thing was in Dispute About four years "ago. 

Upon the whole we Say once more if y 1 ' Ex. v will shew us y* you have a 
Power to Negative a Speaker we will proceed to Another Choice And it' 
y l Ex v will shew us that you have a Eight to introduce Chester & South 
Hampton Persons into this House Against y« Common Custom & Usage 
of y e Province We will admit them But in Case no Such Evidences are 
produced 

Voted & Mesolved That we do & will Adhere to our Eight & Privilege in 
both those Cases As well as in all other According to y e Laws Usage & 
Custom of y e Province & are fully Determind notlo proceed to y e Choice 
of Another Speaker nor to Admit the two persons from Chester & South 
Hampton aforesaid but upon ye Conditions before mentioned And this we 
Humbly otter as y e final Result of this House Upon these two Points. 



The House being inform'd That his Exe y was confin'd by illness 
The foregoing message was sent to him by Mess 1 ' 5 Sherburne Millet 
Gilman A: Bell who going to his house and being inform'd that his 
Ex cy could not be spoken with Desired that the Sec y might be sent 
for who going to his Exc y Return'd and inform'd that his Exc y di- 
rected the B d message to he left with the Councill. Accordingly 
the foregoing message to his Exc y was sent up and deliver'd to v l " 
Council. 

[p. 110.] Mr. Sec y came into the House & by his Exc ys Direc- 
tion adjourned the Con 1 Ass m till to morrow ten o'clock. 



1749.] JOURNAL OF THE HOUSE. 77 

Wednesday Jan y 11, 1748 — a. m. 

The House met according to adjournment. Mr. Sec y came into 
the House & said he was Directed by the Council to inform the 
members that the Governours Indisposition was so great and y e ill- 
ness he was under Remained so high upon him that the message 
which was sent yesterday could not be communicated to him. But 
they did not know what might be in y e afternoon. 

Mr. Sec y came into House and by his Exc y * Direction adjourned 
y e gen 1 ass m till three o'clock. 

Wednesday Jan y 11, 1748— p. m. 

The House met according to adjournment. 

Mr. Sec y came into y e House and by his Exc ys Direction ad- 
journed the gen 1 Ass m till tomorrow 10 o'clock. 



Thursday Jan y 12, 1748— a. m. 

The House met according to adjournment. Capt. Thomson in- 
formed y e House y* there was a Gentleman at y e Door from Rum 
lord who desired leave to come into y e House — which was 
granted, and Capt. Thompson was desired to inform him thereof 
which he did, and came into the House again & said that the gen- 
tleman now Declined to come in at present. 

[p. 120.] Mr. Sec y came into y e House and informed the House 
that Mr. John Chandler who was Returnd upon the Sheriffs writ, 
as a Representative from Rum ford had taken & subscribed the 
oaths & Declaration & Mr. Chandler being with him the Sec y told 
y e House y* was the man. Mr. Chandler being asked by y e House 
whether Rumford was a Priviledged place or had any other au- 
thority to send a Representative to this House that he knew of than 
the King's writ — he answer'd No. 

Then he was asked by y e House whether it was his desire to 
have a seat in this House in case he might be admitted contrary to 
y e usage & custom of y e Province. To which he Reply'd that he 
did not Desire anything y* would break in upon y e Priviledges of 
this House. Whereupon it was 

Voted and Resolved that untill the s d John Chandler made it ap- 
pear to this House that the Place for which he is chosen had a 
Right by Law usage or custom of this Province before the issuing 
y e King's writ to send a Representative to sit in y e gen 1 ass m of this 
Province, he be not admitted to the Priviledge of a seat in this 
House. Voted unanimously. 

Mr. Sec y came into the House & by his Exc ys Direction 
adjourn'd y e gen 1 ass m till 3 o'clock. 



78 PROVINCE OF NEW-HAMPSHIRE. [1749. 

Thursday Jan y 12 1478 p. m. 

The House met according to adjournm*. 

[p. 121.] Mr. Sec* came into the House by his Exc ys Direction 
adjourn'd y c gen 1 ass" 1 till tomorrow 11 o'clock. 



Fryday Jan y 13, 1748— a. m. 

The House met according to adjournment. 

A message was sent to the Treasurer by Maj r Davis to Desire 
the Treasurer to Provide wood for the Assembly. 

Mr. Sec y came into the House & by his Exc ys Direction ad- 
journ'd y e Gen 1 Ass m till three o'clock. 

Fryday Jan y 13, 1748 p. m. 

The House met according to adjournment. 

Mr. Sec y came into the House and by his Excellencys Direction 
adjourned the Gen 1 Ass m till to morrow 10 o'clock. 



Saturday Jan y 14, 1748 — a. m. 

The House met according to adjournm'. 

Mr. Sec y came into the House and by his Exc ys Direction Pro- 
rogued the Gen 1 Ass 1 " till Monday next 12 o'clock. 



Monday Jan y 16, 1748— 

The House met according to Prorogation. 

Mr. Sec y came into the House & by his Exc ys Direction ad- 
journd y e Gen 1 Ass'" till tomorrow ten o'clock. 



[p. 122.] Tuesday Jan y 17, 1748 a. m. 

The House met according to adjournment. 

Mr. See* came into the House and said he was commanded by 
his Exc y to acquaint the House that it is his Direction that you 
proceed immediately to the choice of a Speaker that the business 
of the Session may no longer be delay'd, and that the new mem- 
bers if any of them are in Town are to have a vote in the said 
choice. 

Ordered Thomas Bell Esq. & Mr. Giddings go up to the Hon ble 



1749.] JOURNAL OF THE HOUSE. TO 

Councill and Desire that the King's writ for calling the present 
ass m with the Returns thereon be Laid before the House. 

Ordered that Maj r Davis and Clem* March Esq. go to the Sec y 
and desire that a copy of the minit of Council for issuing the writ 
for calling the present ass m may be laid before the House. 

Mr. Sec y came into the House & by his Excellency's Direction 
adjourn'd the gen* ass 111 till three o'clock. 

Tuesday Jan y 17 th 1748— r. m. 

The House met according to adjournment. 

[p. 123.] Ordered That Mr. Macmurpiiy & Mr. Philbrick go up 
to y e Council Chamber & inform his Exc y if there and if he is not 
there inform y c Council That Edward Hall Esq. appears in the 
House as a member return'd for New Markett who is not Qualified 
& pray that he may be Qualified. 

Edward Hall Esq went to the Council Chamber and then the 
Sec y came into the House and inform' d y e House that Edward Hall 
Esq. the Return'd member for Newmarkett had taken and sub- 
scribed the oaths and Declaration where upon he was admitted his 
seat. 

Voted, That the following message be sent his Ex cy the Gov- 
ernour in answer to his message of this day directing that we im- 
mediately proceed to the choice of a Speaker, that y° Business of 
the Session be no longer delay'd, and that the new members if 
any of them are in town are to have a vote in the said choice. 

May it please your Excellency. 

After the maturest consideration on your Exc> rs Disapprobation of our 
choice of a Speaker and your Exc>' s Indeavour to introduce members into 
this House from uupriviledg'd Places of your own mere Pleasure, we 
[p. 124.] made a full and final Resolve on those Points, and that y e Busi- 
ness of y e Province might not be delay'd Sent it your Exc> r this day 
Sev'nr% to which Sir Ave pray you to be Kefer'd it being our fix'd Deter- 
mination to adhere thereto. 

The foregoing message was sent to his Ex y by James Clerkson 
Tho s Davis & Clem* March Esqs. 

Mr. Sec y came into the House and by his Ex ys Directions ad- 
journ'd y e Gen 1 Ass m till to morrow 11 o'clock. 



Wednesday Jan y 18, 1748— a. m. 
The House met according to adjournm*. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journ'd y e Gen 1 Ass m till three o'clock. 

Wednesday Jan y 18, 1748— p. m. 
The House met according to adjournm*. 

Voted That the following message be sent his Ex' y the Gov- 
ernour. 



SO PROVINCE OF NEW-HAMPSHIRE. [1749, 

May it please your Excellency 

Considering the Present Situation of our Publick affairs, which have at 
best But an uncomfortable aspect on his Majesty's good subjects of this 
Province, We crave leave to Remonstrate to your Excellency. 

[p. 125.] We are now in the third week since we were convened and 
might have done a considerable part of the Provincial Business before 
this time, had not .your Exc v Restrained us. 

On Tuesday the tenth Ins 1 we sent your Exc v our final Result upon your 
Disapproving our choice of a Speaker & Introducing members into this 
House without Law usage or Custom to warrant the same or any other 
authority that we know of. 

From y e tenth Ins* to y e seventeenth we were silent & patiently waiting 
for your Ex vs farther Pleasure without having any thing from your Ex^ 
but your messages to adjourn this House once or twice a day and one 
Message to Prorogue us— Save that yesterday we had a message from your 
Ex v Directing us to choose a Speaker and to admit the new members if 
any of them were in town to vote in the choice. Por answer to this 
message Ave pray'd y r Exy to be Refer'd to our Resolve sent y 1 ' Ex>' the 
tenth cur't to which we were & are Determin'd to adhere. 

The case standing thus 

AVc think it now high time to address y r Exy on the common affairs of 
y c Province and in faithfulness to our constituents and justice to ourselves 
to say 

That we Esteem it necessary to y e weal and well being of y e Province 
that y e State of y e Treasury & the several funds of our Paper currency be 
[p. 120] immediately Exam'd into and more especially as your Ex> was 
Pleas'd to keep y e Province without an Ass m from the fourth of June last 
to y c third of the present month : That y e Province is overwhelm'd with 
Debt as we have Reason to think and the Publick affairs in a perplex'd 
condition as we have Reason to fear : That y e Soldiery who scouted & 
Guarded the frontiers last Summer are crying aloud for their wages which 
they justly Expected to Receive when they Disbanded — But we were Dis- 
appointed : That we think the State of the Loan ought to be forthwith 
Enquired into & the Interest of that money Disposed of according to the 
appropriations : That y e Parliamentary Grant to reimburse the charge of 
the Cape Britton Expedition in our opinion merits the attention and 
greatest care of a Gen 1 Ass m that it may be put into proper hands as soon 
as possible & Disposed of agreeable to the tenor and Intention of the 
Grant : That the Records of Deeds have been shut up several Days 
which is a manifest Obstruction to the course of Justice : That there is 
no person authorized to collect the Excise nor has been for several months 
past — and finally that there are sundry accounts of long standing Be- 
tween the Province and Committees now lying open which ought to have 
been settled before this time. 

[p. 127.] We Humbly offer these things to y r Exc- vs serious considera- 
tion hopeing y Exy will be moved hereby to compassionate the Dis- 
tressed condition of the Province and no longer keep us together in a 
State of Inaction, but permit us either to enter upon and proceed in the 
Business and service of our King and Country, or to Return to our own 
private affairs. 

Past unanimously. 

The foregoing message was sent his Ex y by James Clerkson & 
Tho s Millet Escjs. & Mr. Philbrick Mr. Giddings & Mr. Knight 

The Sec 7 came into the House and by his Excellency's Direo 
lion adjourn 'd y e Gen 1 Ass" 1 till to morrow Eleven o'clock. 



1749.] JOURNAL OF THE HOUSE. 81 

Thursday Jan y 19 th 1748— a. m. 
The House met according to adjournment. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journ'd y e Gen 1 Ass ,n till three o'clock. 

Thursday Jan y 19 th 1748—?. m. 
The House met according to adjournment. 
The Sec y came into the House and by his Ex ys Direction ad 
journ'd the Gen 1 Ass m till tomorrow ten o*clock. 



Fryday Jan y 20, 1748— a. m. 

The House met according to adjournmn*. 

[p. 128.] Mr. Sec y came into the House and said he was Di 
rected by his Ex y to inform y e House that he had prorogued the 
Gen 1 Ass m to Wednesday the Eighth Day of February next at ten 
o'clock a. 3i. And then in his Majesty's name Declared this House 
Prorogued. 



Wednesday Feb y y c 8, 1748 — The House met according to Pro 
rogation. 

Mr. Sec y came into the House and by his Ex ys Direction ad 
journ'd y e Gen 1 Ass m till 3 o'clock. 

Wednesday Feb. 8, 1748 r. m. 

Mr. Sec y came into the House, Joseph Blanchard & Tho s Pack- 
er Esq being with him & Inform'd the House that Joseph Blanch- 
ard Esq. & Tho s Packer Esq. two members Return'd upon the 
King's writ had taken the Oaths and subscribed the Declaration. 

[p. 129.] Whereupon the said Joseph Blanchard & Thomas 
Packer Esqs Moved for a seat in the House and to be heard to 
shew that they had a Right thereto. Coll Blanchard moreover 
said, that since his coming to Town he had the favour to obtain a 
copy of an Instruction to his Ex y which lie tho't gave him a Right 
to a Seat in this House which he desir'd Leave to Read and after 
a short withdraw by order of the House they were Readmitted 
and being inform'd that they had the Leave of the House to offer 
what they tho't proper to shew that they had a Right to a Seat in 
this House Mr. Packer Produced a paper which he Read and 
being Desired to lay the same on the Table said he would Lend it : 
Copy of which is as follows. 



<S2 PROVINCE OF NEW-HAMPSHIRE. 

By the Lords Justices. 

Bedford Gower C. P. S. 

Montagu 

Pembroke 

Additional Instruction to Benning Wentworth, Esq. his Majesty's Govern- 
our and Commander in Chief in & over the Province of New Hamps 1 ' in 
New England in America, or to the Commander in chief of the said Pro- 
vince for the time being. 

[p. 130.] Given at White Hall the thirtieth day of June 1748 in the 
twenty second year of his Majesty's Reign. 

Whereas it hath been Represented unto his Majesty that you having in 
his Majesty's name and by vertue of your Commission Issued a writ to 
the Sheriff of the Province under your Government commanding him to 
make out Precepts Directed to the Selectmen of certain Towns Parishes 
& Districts therein mentioned for the Election of lit Persons qualified in 
Law to Represent them in the General Assembly appointed to be held at 
Portsmouth within the said Province on the 24^ Day of January 17II-5 
By which writ the Towns of South Hampton and Chester and the Dis- 
tricts of Haverhill and of Metlmen & Dracutt, and the District of Rum- 
ford were Impowered to choose Representatives as aforesaid — The said 
General Assembly did Refuse to adniitt the Persons duly Elected to Rep- 
resent the said Towns and Districts, to sit & Vote in the choice of a 
Speaker : And AVhereas the Eight of sending- Representatives to the said 
Assembly was founded originally on the Commission & Instruction given 
by the Crown' to the Respective Governours of the Province of New 
Hamps r and his Majesty may therefore lawfully Extend the Priviledge of 
sending Representatives to Such Towns as his Majesty shall Judge worthy 
[p. 131.] thereof— It is therefore his Majesty's Will and Pleasure and you 
are hereby directed and Required to Dissolve the Assembly of the Pro- 
vince under your Government as soon as conveniently may be and when 
another is called to Issue his Majesty's writ to the Sheriff of the said Pro- 
vince commanding him to make out Precepts Directed to the Selectmen 
of the Towns of South Hampton and Chester, the Districts of Haverhill 
and of Metlmen & Dracutt and the District of Rumford, Requiring them 
to cause the freeholders of the said Towns to xVssemble to Elect lit per- 
sons to Represent s d Towns & Districts in General Assembly in manner 
following, viz. One for the Town of South Hampton, one for the Town 
of Chester, one for the District of Haverhill one for the District of Me- 
tlmen & Dracutt, One for the District of Rumford, — Audit is his Majes- 
ty's further Will and Pleasure that you do support the Rights of such 
Representatives when chose, and that you do likewise signify his Majes- 
ty's Pleasure heicin to the members of the said General Assembly. 

Extract of that part of his Majesty's Additional Instruction Determin- 
ing y e Eight of sending Representatives to such new Towns as his Majes- 
ty shall Judge worthy thereof to be in the Crown. 

Pr. Theodore Atkinson. Sec v . 

[p. 182.] Mr. Sec y came into the House & by his Ex y * Diree 
lion adjoura'd the Gen 1 Ass" 1 till to morrow ten o'clock. 



Thursday, Feb y 9, 1748— a. m. 
The House met according to adjoumm'. 

Mr. Sec? came into the House mid by his Exc- Vs Direction ad- 
joura'd y c Gen 1 Ass" 1 till three o'clock. 



1749.] JOURNAL OF THE HOUSE. 83 

Thursday Feb y 9, 1748— p. m. 

The House met according to adjournment. 

Win. Frost, Esq. Bro't into the House a Petition from sundry 
Inhabitants of New Castle & Rye Representing illegal proceed- 
ings in the Election of Tho s Bell & Richard Jenness Esqs to be 
Representatives and praying that they may be Dismissal from this 
House, &c. which is on hie. 

Mr. See 7 came into the House and by his Ex ys Direction ad- 
journal the Gen 1 Ass m till to morrow 10 o'clock. 



Fryday Feb 7 10, 1748— a. m. 

The House met according to adjournment. 

Voted That the Hon ble Richard Waldron, Esq. Tho s Millet Esq. 
James Clarkson, Esq. Coll Petei\Gillman & Mr. Henry Sherburne, 
[p. 133.] be a Committee of this House and that they or the major 
part of them forthwith prepare an Address to his most Excellent 
Majesty Representing the Grievous and Distressed State of this 
Province in General and in particular they take notice in it of a late 
partial Representation, to say no worse of it, made to his Majes 
ty by some person or persons unknown, to the Prejudice of this 
Province and to pray for Relief That the said Address when pre- 
pared be laid before the House if sitting for their approbation But 
if not siting then the said Address to be signed by the said Com tee 
or the major part of them in the name of the House and forward- 
ed with all possible Dispatch. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journ'd the Gen 1 Ass m till to morrow ten o'clock. 



Saturday Feb y 11 th 1748— a. m. 
The House met according to adjournment. 

Mr. Sec 3 ^ came into the House & Delivered the following writ- 
ten Message from his Excellency the Governour, viz. 

[r. 134.] Province of 
New Hamps 1 *. 

To the members of the Assembly Eeturn'd l 
on his Majesty's writ to serve in General Assembly : 
On Wednesday the 8 th - curr* the Sec v deliver'd my order to Coll Joseph 
Blanchard and Thomas Packer, Esq. two members duly Elected & Quali- 
fied to sit and vote in General Assembly, an authenticated Copy of his 
Majesty's Additional Instruction, Given"at White Hall the 30 th June 1748, 
Wherein his Majesty's Right of sending Representatives to such new 
Towns as he shail think worthy thereof is fully & amply set forth. 

The said Instruction was given to Coll Joseph Blanchard &Tho s Packer 
Esq r to support their Election and the Election of the other new Members 
from the several Towns & Districts in obedience to the Royal commands 



£4 PROVINCE OF NEW-HAMPSHIRE. [1749. 

therein signified to me & that the members of the Assembly might be 
fully apprised of the contents thereof. Notwithstanding his Majestys 

Instruction lay in the House two days, yet the members from the 
new Towns have hitherto been refused a seat with the other members 
which is in Direct Disobedience to his Majesty's commands, and will be 
Esteemed the Highest contempt of his authority. 

[p. 135.] You are therefore Strictly required forthwith to receive such 
he new members as are duly Elected & Qualified that arc in Town, and 
proceed to the choice of a Speaker and when chosen to present him to 
: il c Chair that the Publick business may suffer no longer delay. 

B. Wextwortii. 
Council Chamber in 
P( rtsmouth, Feb>' 11, 174S-9. 

Upon which message it was moved to send to the Sec y for the 
Precepts i ssued by y e Sherriff to y" selectmen of y e new Towns and 
Districts for the choice of Representatives for the present Gen 1 
Ass™ with the Returns thereon and the Clerk was Desired to ask 
y c Sec y for them who Accordingly did and then inform'd the House 
that the Sec 7 said those writs were not lodged in his office but 
were with the Sherriff. 

The Door keeper came into the House & said Coll Blanchard 
-.fc Mr. Packer were without & Desired admission into the House. 
Upon which Maj r Davis one of the members was directed to in- 
form those Gentlemen that they had the Leave of the House to 
come in who came accordingly and Mr. Blanchard said to the fol- 
lowing purpose, viz. 

That when they came here a few days ago to claim a seat in this 
[p. 136.] House they bro't a copy of an Instruction with them to 
support their Right which copy they then Lent y c House, but hav- 
ing afterwards withdrawn it and having & havingma.de the use 
of it they had occasion for had now bro't it in again and the House 
might have it if they Pleas'd — to which it was reply'd, As it was 
his he might do with it as lie pleas'd. Whereupon he Laid it on 
y € Table & then withdrew as did Mr. Packer with him. 

The Sherriff of y e Province being called into the House was de- 
sired to lav the Precepts which he sent to new Towns <fc Districts 
with the Returns thereon before the House: Reply'd that lie 
would consider of it — and after withdrawing and tarrying a few 
minutes Retura'd and said, That when this House was Duly set- 
tled & Qualified to act he would lay those papers before them but 
not till then. 

Mr. Sec y came into the House and by Ex ys Direction adjourn'd 
y c Gen 1 Ass m till Monday next ten o'clock in y e forenoon. 



Monday Feb* 13, 1748— a. m. 

The House met according to adjournment. 

[Adjourned till 3 o'clock. Again met. Adjourn'd till Tuesday, 

. 137.] 10 o'clock. Met and adjourned till 3 o'clock p. ar.] 



1749.] JOURNAL OF THE HOUSE. 85 

Voted, That the following Message be sent his Excellency the 
Governour. 

May it please your Excellency — 

On Saturday last just before we were adjourn'd we received your mes- 
sage of that days date by Mr. Secretary wherein your Exy tells us that the 
Secretary delivered by your order to Coll° Joseph Blanehard & Thomas 
Packer Esq r two members duly Elected & qualified to sit and vote in general 
Assembly An authenticated copy of his Majesty's Additional Instruction 
wherein your Excellency is pleas'd to say His Majesty's Right of sending 
Representatives to such new Towns as he shall think worthy thereof is 
fully & amply set forth, and further that the said Instruction was given to 
Coll Joseph Blanehard & Thomas Packer, Esq T to support their Election, 
&c. 

If your Excellency intended the abovementioned copy as a message to 
the general Assembly & the abovementioned gentlemen to be the messen- 
gers they fail'd to Execute the trust, for nothing of that kind was sug- 
gested by them, but on the contrary Coll Blanehard said he had the favour 
to obtain that copy : and after it was read they were carrying it off as their 
property — but upon the Speakers Desiring it might be left with y e House 
[p. 138.] Mr. Packer Reply'd he would lend it, and laid it on the Table, and 
two days after it was demanded and deliver'd to the owner or owners. 

If your Ex> r did not intend it for a message to the general Assembly then 
we presume you do not Expect that we should take notice of it as such : 
Nor can we think your Ex^ did intend it as a message if it was anything we 
have a right to Inquire into, because your Excellency told us four or five 
weeks ago that you would not give us any answer to any thing we had a 
right to Inquire into till we had chose a new Speaker & admitted two per- 
sons from South Hampton & Chester to vote in the choice, — which we 
have not yet done. 

But further with respect to the copy aforesaid your Ex- V calls it in your 
Saturday's message an authenticated copy of his Majestys Additional In- 
struction, by which we understand a copy of the whole Instruction. But 
Mr. Secretary in his attestation of it calls it but a part, his words are these : 
"Extract of that Part of his Majesty's Additional Instruction," &c. If 
there be a Repugnancy between your Ex« vs message and Mr. Secretary's at- 
testation we leave it with your Ex^ to Reconcile the difference, and at the 
same time assure your Excellency that whenever you shall lay the whole In- 
struction before us Ave will treat it with the utmost defterence Respect and 
Regard and act upon it in such a manner as becomes the most dutifuil sub- 
jects, being Determin'd to do in this case and all others (we shall have 
cognizance of) that which will most tend to promote the Honour of the 
Crown and the benefit of the subject, which we are persuadid will be most 
acceptable to his Majesty who is a tender father and gracious King. 

What your Ex^ is pleas'd to say as herein before recited, viz. That those 
gentlemen are members Elected & Qualified to sit and vote in gen 1 Assem- 
bly, that the aforesaid copy was given them to support this Election &c. 
[p. 139.] and that in the said copy is set forth his Majesty's Right of send- 
ing Representatives to such new Towns as he shall think worthy thereof, 
we must take leave to Refer to your Ex3' for an Explanation. For how his 
Majesty's Right of sending Representatives to such new Towns as he shall 
think worthy thereof can support an Election of those Gentlemen to sit 
& vote in this Assembly is as far beyond our comprehension as it is out of 
our Power to reconcile to & from to one meaning and make them convey 
the same idea — Beside, Sir, we must take leave further to say that it is 
really a matter of wonder to us that your Excellency should think that the 
copy which was lent us as aforesaid could support the Election of those 
gentlemen who are return'd from Places not so much as mentioned in the 



SO PROVINCE OP NEW-HAMPSHIRE. [1749. 

said copy Except Methuen which is one of the two places from which Mr. 
Packer is Return'd. 

As to your Excellencys charging as with Direct Disobedience to liis Maj- 
estys commands and saying it will be Esteem'd the Highest Contempt of his 
Majestys authority, We reply that we arc .sorry your Ex- V chose to signify 
your mind to the Assembly in such severe terms: However, Sir, we are 
not Dismay'd having consciences void of offence in this matter and we 
doubt not but we shall be able to sit this controversy in so just and clear 
a light before his Majesty as to avoid the Reproach of Disobedience and 
contempt which your Exy has so freely Bestow'd upon us and Instead 
thereof to obtain his Majesty's Royal approbation of our conduct through 
the whole of this important and very Extraordinary affair. 

As to our Proceeding to a new choice of a Speaker Ave have more than 
once signified the mind of the Assembly to your Exy on that head to which 
we pray you to be refer'd for an answer to that part of your Message more 
Especially till your Excellency shall be pleas'd to shew us your Power to 
Negative the choice already made. 

[p. 140.] Mr. Sec 7 came into the House and by his Exc ys Di- 
rection adjourn'd the Gen' Ass' 11 till to morrow ten o'clock. 



Wednesday Feb y 15 th 1748— a. m. 
House met according to adjournment. 
The message which was yesterday Voted to be sent his Exc- V the 
Governour was this day sent by Coll Gilman, Mr. Philbrick Mr. 
Hall & Mr. Macmurphy. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journ'd y e Gen 1 Ass 111 till three o'clock. 

Wednesday Feb y 15, 174S — r. m. 
The House met according to adjournment 

Mr. Sec-' came into the House and Deliver'd the following writ- 
ten message from Ins Ex y viz. 

Province of } 
!New Ilamps 1 ' ] 

To the members of the Ass m return'd on his Majestys Writ to serve 
; 'i General Assembly— 
If in any manner you have had his Majestys Instruction Given at White 
Hall June 30 th L748 signified to the members of* the Gen 1 Ass" 1 Determin- 
to be m the Crown of Lawfully Extending the Priviledge of 
sending Representatives, to such new Town's as his Majesty shall Judge 
1 1'. 111.; worth . it was all his Majesty intended', when I am com- 

manded by said [instructions to signifle his Majestys Pleasure thereinto 
the members of the said Gen 1 Ass m . 

As lo i!i.> method o[' Doing it. and time when I hope'Imaybe permitted 
• the sole Judge and therefore you may not Expect any other part of 
Royal instruction than whal has been 'hud before you. TheKings In- 
structions being i*> govern me & for you to obey, 

You - '.in to ravel! at the Language of the Royal Instruction, but when 
you will give yourselves time to cool a little 1 am perswaded vou will find 
inglish to be Sterling, and that it needs no further Explanation. 



1749.] JOURNAL OF THE HOUSE. 87 

It will be needless to put the people you Represent to any further ex- 
pence in disputing about the names of the Towns the members are call'd 
from which you have hitherto refused a seat with the other members ; 
Because I have by vertue of my Commission called them from such 
Towns as I tho't worthy thereof— and if I had thought ten other Towns 
worthy of sending Representatives I should in obedience to the Royal 
Instruction have supported their Election as zealously as I shall the Elec- 
tion of Coll Blanchard & Mr. Packer and the other new members ; In the 
Execution whereof I am sure of his Majesty's approbation, and as sure 
that your conduct will beEsteem'd the Highest Act of Disobedience, and 
[p. 142.] if you could but lay aside the strong Prejudice some of you 
brought with you, you must honestly confess, that you have as far as in 
your power been striping a sett of honest industrious People of a Privi- 
ledge Avhich his Majesty has Determined have an equal Right with 
yourselves. 

I shall pass by the Irregularities & Indecencies of the other parts of 
what you call your message of the 14 th Instant, and shall only take Notice 
of what relates to the choice of a new Speaker. The King's Commission 
and Instructions are & shall be the measure of my conduct in the admin- 
istration of my government, and by them I have a negative on every act 
of Government, and consequently full power to Negative one or more 
Speakers and if my authority will not convince you clearer Evidence may 
he had at "White Hall where some Gentlemen seem very fond of going 
and where any misconduct of mine will be impartially considered. But I 
would advise you to be certain of the justness of your cause before you 
presume so far : Eor if you should have the misfortune to miscarry it 
would illustrate my conduct which would neither answer your purposes 
nor intentions. Be pleas'd Gentlemen once more to take under your con- 
sideration how long you have disobey'd his Majesty's Commands in not 
proceeding to the choice of a Speaker after the Speaker presented to the 
Chair was Disapproved by me, whereby you have put a stop to the ad- 
ministration of my Government so far as was in your Power. 

[p. 143.] Be pleas'd likewise to consider the Error you have made pro- 
ceeding to debar Gentlemen call'd to serve their King and Country by the 
same Authority with your selves from a seat in the House of Representa- 
tives before you had the least shadow of power to justify you. If you 
had proceeded against these Gentlemen after you were Qualified to act as 
a seperate Branch of the Legislature, it might have been less Expensive 
to the Publick and for which I believe the people you represent would 
have thank't you. But as you have tho't fit to act otherwise I am Indis- 
pensably bound in obedience to the Royal Commands to support the King's 
Authority in every branch of it and to use my utmost Endeavors in sup- 
port of his Instructions. 

Council Chamber in B. Wentworth. 

Portsmouth, Eeby 15 th 1748-0. 

Mr. Sec y came into the House & by his Exc ys Direction adjournd 
the Gen 1 Ass m till to morrow ten o'clock. 



Thursday Feb y 16: 1748— a. m. 

The House met according to adjournment [and adjournd till 3 
o'clock, p. m., again met and] 

[p. 144.] Voted, That the admission of the Persons Return'd 
upon the King's Writ to serve as Representatives for the Towns 



88 PROVINCE OF NEW-HAMPSHIRE. [1749. 

of South Hampton & Chester, & y c Districts of Haverhill and of 
Pelham and Methuen, and the Towns of Dunstable, Merrimack, 
MonsoD, Nottingham West and the District of Rumford, to sit 
& vote in this House be suspended till his Majestys pleasure shall 
be farther known. 

Mr. Sec y came into the House and by Ids Ex ya Direction ad- 
journ'd the Gen 1 Ass" 1 till to morrow ten o'clock. 



Fryday Feb? 17 th 1748— a. m. 
The House met [and adjourn'd till 3. r. m., and then adjourn'd 
till next day, 10 o'clock, a. m., and then adjourn'd till next day, 10 
o'clock, A. M. 



Saturday Feb y 18, 1748— a. m. 

The House met according to adjournment. 

Mr. Sec y came into the House and Said it was his Exc ys Plea 
sure to Prorogue the Gen 1 Ass m till the fourth day of April next at 
ten o'clock in the forenoon, then to meet at this Place, and then in 
his Majesty's name Declared this House Prorogued. 



[p. 1A5.'] Tuesday Apr 1 4 th 1749. 

The House met according to Prorogation. 

Mr. See/ came into the House and by his Ex ys Direction ad- 
journ'd the Gen 1 Ass™ till to morrow ten o'clock. 



Wednesday Apr 1 .5 1749, a. m. 
The House met according to adjournment 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journ'd the Gen 1 Ass 1 " till three o'clock. 

Wednesday Apr 1 5 th 1749, i>. m. 
The House met according to adjournment 

Mr. Sec y Bro't down the following written message from his 
Ex y the Governour, viz. 



rrovmce oi ( 

Now Humps' ) To the members Return'd to serve in General Ass" 1 from 

the Respective towns by vertue of the King's writ. 
(,' nllemen 

Your repeated Refusal to comply witB my orders in proceeding to the 
Choice of a Speaker in the Room of Richard Waldron Esq 1 who I Disap- 



1749.] JOURNAL OF THE HOUSE. 89' 

proved of and the Disregard you have shown to his Majestys Instruction 
Given at White Hall June 30 th 1748 commanding me to call in six new 
members from several Towns & Districts within this Province and to sup- 
port their Election when chosen made it necessary for me to give several 
Prorogations to the Gen 1 Ass m hopeing thereby you might maturely con- 
sider of your past misconduct & come to a due sense of your Duty to his 
Majesty & not give any farther occasion for delaying the King's Business. 
[p. 146.] A due obedience to the Royal commands is what his Majesty 
may reasonably expect from his Plantations, and it is as reasonable to 
conclude that his Majesty requires all his subjects in the Respective Colo- 
nies in their several Capacities to be aiding and assisting to his Govern- 
ours in carrying the Royal Commands into Execution, all Pretences or 
Excuse s to the contrary will avail nothing, but must be construed in the 
strictest sense as acts of Disobedience, and are absolutely against the 
true Interest of the People, who finally will be the only sufferers. I shall 
therefore give you further time to deliberate on the duty you owe to your 
Sovereign and what I Esteem to be the true Interest of the Province. 

B . Wentworth . 
Council Chamber in 
Portsmouth 5 th Apr 1 1749. 

Mr. Sec y came into the House and by his Ex ys Directions ad- 
journ'd the Gen 1 Ass m till tomorrow ten o'clock. 
[Met and again adjourned till] 

Fry day, April 7 th 1749, a. m. 

The House met according to adjournment. 

The Committee appointed to make a Draft of an address to his 
Majesty prepared one accordingly which they laid before the Gen 1 
Ass m which was Read & accepted, and ordered that the same 
should be forwarded to his Majesty with all possible Dispatch by 
the said Com tec . 

To the Kings most Excellent Majesty 

The humble Address of the General Assembly of your Majesty's Province 
of New Hampshire in New England in America. 

[Copied from MS. Addresses to the King, pp. 74-82.] 
Most Gracious Sovereign 

We your Majesty's most dutifull and loyal subjects implore your Per- 
mission to Spread before your Majesty the unhappy and distressed state 
of this Government, under the Administration of Mr. Wentworth the 
present Governor humbly intreating your Majesty to hear our Supplica- 
tion and to grant us relief. 

On the 24 th day of January in the year of our Lord 1744, a General As- 
sembly was convened in this Province by your Majestys Writ, and there, 
appeared then among the Members five persons who came from places not 
privileged to send Members to the Assembly by your Majesty's Commis- 
sion to the Governor, or by airy Instruction that he would make known or 
by any Law, Statute or ordinance of this Government, but contrary to the 
ancient usage and custom thereof; upon which Considerations, and its 
appearing that the Governor had made an attempt to extend your Majes- 
ty's Power further than he was authorized to do, by his Commission or 
any Instructions that he could or would shew, and moreover, in consid- 
eration that those unprivileged Places, had never petitioned the Legisla- 



00 PROVINCE OF NEW-HAMPSHIRE. [1749. 

turc to authorize them to send Representatives to the Assembly, nor 
in any manner signified the least Desire of that kind, the said live Persons 
were refused a Sent in that Assembly, which was dissolved the third Day 
of May following, having been continued by several Adjournments about 
three months and ten days : This was the Assembly that made the gen- 
erous and unasked Grants of Money to your Majesty for carrying on this 
Province's pari of the extraordinary and successful! Expedition against 
Cape Briton, and this was their reward from the Governor, namely soon 
after they had done it to be dissolved. 

On the 5 th Day of .June 174."), another Assembly was convened in pur- 
suance of your Majesty's Writ, but we presume, from a consciousness in 
the Governor, that he had before extended your Majesty's Power beyond 
what he had your Majesty's order or leave to do, he made no second at- 
tempt of the like kind at that time, and so no contest of that sort inter- 
rupted the Provincial affairs during the continuance of that Assembly 
which was three years or thereabout, tho' he made several attempts of 
other kinds during that space as well as before, and since, which have 
occasioned a general Dissatisfaction and, uneasiness throughout the Pro- 
vince. 

On the third Day of January last another Assembly was convened by 
your Majesty's Writ when several persons from unprivileged places, ap- 
peared among the members, as in the year 1744, without our knowing 
from the Governor or having the least intimation, any other way that it 
was your Majesty's pleasure the number of the Assembhy should be aug- 
mented, whereupon we refused to admit those Persons to sit and vote 
with us as the former Assembly had done, in the year 1744. 

After our choosing a Speaker by the Governor's Order, and informing 
him whom we had chosen, he sent a member of Council to inquire wheth- 
er the Persons return'dfrom Southampton and Chester voted in the choice, 
(they being all the persons then in Town return'd from unprivileged 
Places) Ave immediately replyed that they did not vote in the Choice of a 
Speaker. 

Then he sent a message by the Secretary signifying his Disapprobation 
of our choice of a Speaker, directing us to proceed to the choice of an- 
other, and declaring none should be approved unless those two Persons 
had a vote in the choice. 

We immediately rejoyn'd in another Message to the Governor, that as 
soon a.s he would show us his Power to negative a Speaker, Ave "would 
proceed to the choice of another, and as soon as he would evince to us 
that those Persons who came from Southampton and Chester had a right 
to sit in the General Assembly Ave would admit them. 

To which he reply'd. that when Ave bad obey'd what he had commanded, 
in regard to the choice of another Speaker and admitting those Persons 
who came from Southampton and Chester, he would give us satisfaction 
in the things Ave had a right to inquire into, but not till then. 

This we apprehend, was such a peculiar Reply and so much. Mr. AVent- 
worth's own. that no other Governor in your Majesty's Dominions could 
in a like ea.se have devised such. 

44ms the Matter stood, the Country distress'd, the Assembly perplex'd, 
and all our Provincial affairs at a. dead stand, till the IS Day of said Jan- 
uary, we not having yet had one single Hint of an additional Instruction 
touching the Admission of Members from the new Towns into the As- 
sembly. 

Then we address'd the Governor, earnestly beseeching him to permit 
us to enter upon, and proceed in the common and ordinary Busyness of 
our King arid Country, or to return to our private affairs; shewing at the 
same time, that there was no Collector of the Excise, that the office of 
Recorder of Deed- was shut up. and the course of Justice thereby ob- 
structed; that tin- Treasurer's accompts had remoin'd a long time unset- 



1749.] JOURNAL OF THE HOUSE. 91 

tied, that the soldiers who guarded the frontiers last Summer were cry- 
ing aloud for their wages, and no Provision made to pay them, that no 
care had yet been taken to bring over the Money granted by the Parlia- 
ment to reimburse the Charge this Province had been at in the Cape Bre- 
ton Expedition, in order to sink our paper Currency. 

These Inconveniences to the Government are principally owing to the 
Governors keeping the Province without an Assembly from the fourth of 
June to the third of January, being seven Months. 

To the Address abovementioii'd, the Governor made no reply, but two 
Days after it was sent him, viz. on the twentyeth of January, he pro- 
rogued the General Assembly to the eighth Day of February following. 

At which time we again met, when two gentlemen said to be chosen by 
some of the new places, and who had not appeared before, came to the 
Assembly and demanded a seat with us, saying they were chosen by vir- 
tue of the King's Writ, and one of them added, That since his comiug to 
Town he had the favor to obtain a copy of an Instruction which he sup- 
posed would entitle him to a seat in the Assembly. The copy was read, 
and at the Desire of the Assembly left with them, one of those Gentle- 
men saying he would lend it. 

This was the first Intimation we had of an Instruction for calling rep- 
resentatives from new places tho' w T e had sit sixteen days before the As- 
sembly was prorogued, and a second session was now begun, and not- 
withstanding also the Governor was expressly required thereby to signi- 
fy your Majestys Pleasure therein to the members of the Gen 1 Assembly. 

As soon as we had the said Copy (tho' in such a Manner) we imme- 
diately entered upon the Consideration of it, as we esteem'd ourselves in 
Duty bound to do, but it was recall'cl two clays after it was lent us, and 
re-delivered to the Lender. 

We thought it our Duty also not to be sudden in our Resolve, but to 
wait, and see whether the Governor would communicate to us the said 
Instruction in a parliamentary Way, and more especially, as what was 
lent us appeared by the Secretary's attestation to be but a Copy of Part 
of the Instruction. 

On Saturday the eleventh of February the Govern 1 ' sent us a Message 
by the Secretary (but no Copy of the Instruction) informing, that on the 
eighth Currrent he had ordered the Secretary to deliver to Col Blaneh- 
ard and Mr. Packer an authenticated Copy of his Majesty's additional In- 
struction, in order to support their Election, and the Election of the other 
new Members, requiring us to receive them immediately and proceed to 
the choice of a Speaker. 

Upon which we sent to the Secretary desiring that the Precepts which 
the Sheriff had issued to the new places for the choice of representatives 
and the Selectmen's Returns thereon, might be laid before the Assembly, 
to which he reply'd they -were not lodg'd in his office, but were with the 
Sheriff, tho' it appear'd by your Majesty's Writ, then lying before us, that 
the Sheriff was expressly required to return his Precepts, with the respec- 
tive Selectmen's Returns thereon into the Secretary's office, together with 
your Majesty's Writ, yet this had not been done, altho' thirty Days were 
laps'd, since the return Day. 

Being thus frustrated in obtaining those Precepts and Returns from the 
Secretary's office, we apply'd directly to the High Sheriff for them, that we 
might be the better enabled to judge, whether all or any of the Persons 
who came from the new Places and claim'd a seat in the General Assem- 
bly were chosen and return'd in pursuance of, and agreeable to your Maj- 
esty's Instructions, more especially we thought it necessary to see those 
returns which the Select Men had made to the High Sheriff* as he (being 
the returning officer) had return'd himself to represent two of the new 
Places ; but the Gentleman (to our great surprise) answered, that when 
we were duly settled and qualified to act, he would lay those Papers be- 
fore us, and not till then. 



92 PROVINCE OF NEW-HAMPSHIRE. [1749. 

This, we apprehend is such an Instance of arbitrary judicial Power, as- 
sumed and exercised by an executive officer, as is not to be parallel'd in 
any of your Majesty's British Dominions, nor do we think lie would have 
made so majesterial a Reply, but in confidence of being supported in it 
by the Governor who is Ids brother-in-law. 

The ease standing thus : 

1. That the Assembly was convened the third Day of January, con- 
tinued sitting to the twentyeth and then prorogued to the eighth of Feb- 
ruary, before we heard any thing of your Majesty's Instruction. 

2. That then a Fart of it onely was brought and lent us, for two Days, 
not sent by the Governor. 

3. That the High Sheriff, who was the returning officer had not re- 
turn'd the Precepts which lie issued to the respective select men, with 
their returns to him into the Secretary's office, as your Majesty's Writ re- 
quired him to do. when thirty days were pass'd after the return day. 

-1. That the said returning officer, refused to lay those Precepts, and 
the respective selectmen's returns on them before the General Assembly, 
tho' requested so to do. 

5. That the Governor had sent for one Representative from five dis- 
tinct Places, which were to unite in the choice, not one of which places 
is mention'd in the copy of that Part of the Instruction which was lent 
us; and for another from two other Places, which were to unite also in 
the choice, one only of the said two Places being mention'd in the said 
copy. 

Lastly, that the Governor told us in one of his Messages, that if he had 
thought ten other Towns worthy of sending representatives lie would 
have supported their Election : from thence it appeared to us, that he 
wrongfully infer'd from the said Instruction, (viz.) that because your Maj- 
esty might extend your Power, he therefore might extend it; whether he 
had your Majesty's order or leave for so doing or not ; which, if that sh'd 
be the case, will be one of the most afflictive and distressing circumstances 
that ever happened to this People, whose Affection, Duty and Loyalty to 
your Majesty, we think we may with truth say, were not exceeded (if 
equall'd) by the like number of your Majesty's subjects throughout all your 
Realms and Dominions. 

Forasmuch also, as not one of these new Towns or Districts ever Pe- 
titioned for leave to send a representative in the usual way, and so never 
was (feny'd that Privilege. 

Moreover as we have the strongest Reason to believe the representation 
which has been made to your Majesty, and which produced the additional 
Instruction before mention'd was not only partial but unjust. 

Therefore (upon all these considerations) we have taken leave humbly 
to address your Majesty, in order to set this unhappy controversy in a just 
and impartial light, having resolv'd first, in obedience to your Majesty's 
Instruction (so far as it has been made known to us) not to reject the Per- 
sons return'd from the new places, but only to suspend the Admission of 
them till the Governor's Management and Behavior should be fairly stated 
and laid before your Majesty, and your Majesty's Pleasure further known 
thereon. 

And now, we most humbly beseech your Majesty, that of your great 
goodness and clemency, no injurious or unjust Representations which have 
already been, or hereafter may be made against this Province, ma}' induce 
your Majesty to withdraw your royal Favor from us, unless by an unbe- 
coming conductor Misbehavior, it should be forfeited, which we pray God 
may never be the ease, nor have we the least shadow of reason to think it 
ever will. 

in particular we humbly request that the Genera] Assembly of the said 
Province may be continued in their ancient usage and custom of having a 
vote in the Privileging of Places to send representatives to the said As- 



1749.] JOURNAL OF THE HOUSE. 93 

-sembly, as there lias never been the least colour of Forfeiture, Is T o place 
that has yet ask'cl that Privilege having ever been deny'cl it to this Day ; 
which usage and custom by the Favour of your Majesty, and yo 1 ' Royal 
predecessors have been enjoy'd Time immemorial. 

We farther most humbly implore your Majesty if it may stand with your 
Royal Will and Pleasure considering the wretched and perplexed condi- 
tion and circumstances in which ail our Provincial affairs are involved, 
and bro't on us, principally by the unreasonable and unsldlfull conduct of 
the Governor, that he may be removed and a Gentleman of more knowl- 
edge in Matters of Government, and a better Disposition to cherish the 
Duty and affection of your Majestys subjects to your Majesty, may be 
placed in his room. 

We are, may it please your Majesty, 
your Majesty's 
most Dutiful, most obedient and 
most Loyal subjects & servants 
Portsm in New Hampshire, 
in New England, April 7, 1749. 



[The following Address, relating to the same subject, though without 
date, seems to have been drawn up " by sundry members of the General 
Assembly;" whether forwarded or not to his Majesty, does not appear. — 

Ed.] 

ADDRESS. 
[Copied from MS. " Addresses to the King," pp. 34-44.] 
To tlie Kings most Excellent Majesty in Council. 

The Humble Petition of Sundry of the members of the General Assem- 
bly of your Majesty's Province of New Hampshire in New England, 
Shews, That 

We your Majestys most Loyal & most Dutifull Subjects, sensible of the 
many Inestimable priviledges enjoyed by that form of Government under 
which we Live, among the chief of which we Esteem the Liberty of ap- 
plying to our Sovereign in all cases of Injury as the fountain of Justice, 
and gratefully acknowledging your Majesty's Clemency & peculiar Regard 
to the Grievances of the Lowest of your subjects, Implore your gracious 
permission to Exhibit some of the unhappy & Distressing Circumstances 
of this' Province Relative to the administration of Government under the 
conduct & occasioned by what we can't but apprehend to be arbitrary 
measures Pursued by our present Governor Benning Wentworth Esqr. 
With Avhom we would gladly have. maintained a good Harmony, could it 
have been done consistent with our Duty in the place we sustain. 

It is with the greatest Reluctance therefore that we have Entered into 
a Debate with our Governor to which nothing could have Induced us of 
less consequence than the preservation of those Libertys which by our 
happy Constitution and the Royal Grace & favour have long been granted 
& continued to be our Right, and we a free People. We can't but Expect 
to hear that since the commencement of this Dispute we have been rep- 
resented as malcontents of a Factious Disposition Influenced only by a 
party spirit, laden with Inveterate prejudices & acting from no motive 
but a view to Embarrass the administration & render all Designs & pro- 
jections for the public good abortive. This is what is easily said, and is 
frequently thought. When men big with selfish purposes, meet with any 
opposition, let the principles from whence it proceeds be ever so honest, 
the Instruments of it seldom escape the odium, the slander & all other ef- 



94 PROVINCE OF NEW-HAMPSHIRE. 

fleets of a Furious Resentment in the power of the opposed, due to the 
most Atrocious Villainies, But as Ave have always been SolHcitous not 
only to obtain but also, to merit the character of Dutifull Loyal & faithful 
subjects, as firmly attached to your Majesty's honour & Interests as any 
Within your Dominions, We can with such a consciousness the more 
chearluily submit our conduct to your Majesty's great wisdom & justice, 
Whether we have done any thing repugnant to that character. 

We have had such a large Experience of yo 1 Majesty's Clemency & Pa- 
ternal regards for your subjects here, that we can't suppose any Governor 
over us will ever have your Majesty's countenance in any oppressive 
measures or such as tend to Innovations in the Constitution & an unjust 
Incroachment upon our Liberties, Nor that your Majesty will in any De- 
gree be displeas'd with any of your Dutifull subjects here or elsewhere 
who under y e apprehensions of such an attempt, make a stand & resolutely 
oppose such measures even though they should be guilty of some 
undesigned mistakes, in the means they use to obtain that desirable End 
of preventing such an Infringment. This Experience of your Majestys 
Grace & favour thro' the whole of your auspicious Reign with the consid- 
eration of your Majesty's consummate knowledge of the Nature and Value 
of that Constitution of Government, of which your Majesty is the head as 
well as of Liberty in general, makes us with the greater alacrity Refer 
our selves as our duty Requires to your Majesty's wisdom and goodness 
for a decision. 

That in order to set this controversy in a clear light, it is necessary to 
observe that most of the public aifairs in the several Towns here have 
always been transacted in & by popular Assembles, such as the granting, 
settling & Improving their Land, Electing those called town officers, col- 
lectors of Taxes and the like, which made it absolutely necessary these 
meetings should be under due regulation & government & accordingly in 
Early times Laws were past by the Assembly for that purpose & were 
used in manuscript long before any were printed, by which (among other 
things) certain officers were Enabled to call the Qualified Inhabitants & 
Freeholders, or the Freeholders only (as the Business Required) together 
and to regulate the affairs & govern the meeting: And by a law of this 
kind now in Print Entituled an act for the better Regulating Town & Pro- 
prietary Meetings (among other things) it is provided, That all such 
meetings shall choose a Moderator by the Majority of voters present for 
the purpose afores 1 ', who is invested with a power of Fining & Expelling 
from the Assembly any disorderly persons. 

And by another Law of this Province Entituled An Act for the calling 
& Electing of Assembly men & their Qualifications, It is Enacted that no 
Assembly shall continue longer than three years: That there shall be fif- 
teen Days at least between the Date of the writ for electing & the choice ; 
That no Person shall serve as a member of the House of Representatives 
who has not a Real Estate in the Province of the value of Three hundred 
Pounds; The Qualification of the persons Elected to be determined by the 
House and no person shall be allowed to vote in the choice of Represen- 
tatives who has not a Real Estate of the value of Fifty Pounds within the 
Town Parish or Precinct where he votes— the Qualifications of voters to 
be determined by the Moderator & Selectmen of the T own. Parish or Pre- 
cinct or the Major part of them. — But in case of a Difference among them 
the final decision to be by the House of Representatives. Upon which 
Laws we would with all humble submission beg leave to observe, that the 
Moderator of these meetings has no authority but when he is chosen by 
the Qualified Voters Lawfully called together : That the meeting of the 
Qualified Voters to transact any affair relating to any Town Parish or 
Precinct as such is always supposed to be within the Town Parish or 
Precinct Respectively for which the business is to lie done: Thus for 
instance the choice of Representatives for the Town of Portsmouth must 



1749.] JOURNAL OF THE HOUSE. 95 

be made at Portsmouth, and so of any other Business of that Town, that 
is to be done by Law by an Assembly of the people belonging to it or 
Freeholders in it; And it never was known from the Beginning of Times 
here (till very lately in one Instance only) That two or more Towns, 
Parishes, or Precincts united for such purposes (Excepting the cases- 
hereafter mentioned) But the qualified voters of every place must by the 
Law hold their meeting at the place they belong to & not Elsewhere: 
That from hence it follows that there cannot be a Lawfull Assembly of 
the Qualified Voters of Two or more Towns, Parishes, or precincts 
(which are to send Representatives to the General Assembly) united in 
one & the same meeting within one such place either to choose one or 
more persons to represent them complexly, as several Bodys or Corpora- 
tions consolidated, nor to choose one or more for each of them severally ;. 
for Each must choose severally within their own Jurisdiction : Nor could 
there be any order kept at such united Meetings. The moderator so cho- 
sen could have no power, he could Derive no authority from the Laws 
which Invest him with sufticient power in other cases, Because in this, 
case he is not Legally chosen, for to every legal purpose Such a meeting 
would be only a tumultuous Assembly, and all their Transactions a meer 
nulity, having neither Law to support it nor usage nor custom to give it 
countenance. There is indeed some few Instances (which are what we 
intended by the Exceptions above hinted) Where new Parishes have been 
made by An Act of Assembly (the way they Avere always made here and 
throughout New England till our present Governor Assumed such a Pow- 
er himself) the Parishioners have still had the Liberty of voting with the 
Town they were sett oft' from in the choice of Representatives, that is, 
the Town remains iii that Respect & the Parishioners tho' erected into a 
new Jurisdiction in some Respects are still Inhabitants of the Town and 
members of the old Corporation, as to this purpose. And in this case 
there has always been a clause in the Act by which the Parish is set oft', 
Reserving this Privilege to the Parishioners, which shews the sense of 
the Legislature here, and that they thought it would not be Legal for the 
Parish & Town to unite in Such a case without an Express power so 
given. 

That on the fourth of June 1718 the Assembly of this Province was Dis- 
solved of course by virtue of the said Triennial Act, from which time to 
the third of January then next, there was no Assembly in being here, 
But on that day a new Assembly was convened among whom appeared 
several persons to represent places which had never before sent mem- 
bers — Upon the Governor's order to proceed to the choice of a Speaker, 
a question arose among the Representatives of those places known to 
have had that privilege, and of whom former Assembly were composed, 
Whether they ought to admit those persons to vote in the choice of a 
Speaker, until they could be satisfied of the Legality of their Election 
and Right to vote. And as the Gentlemen themselves could give no ac- 
count of the matter, but only they were chosen for such places (as they 
named) Pursuant to a Precept from the Sheriff to their Respective Select- 
men, and no other Information was given us, it was tho't wholly as Irreg- 
ular to admit them, as any other Persons who should obtrude themselves, 
at any time on the House & claim a seat there, and therefore we proceed- 
ed to the choice of a Speaker without them, and for that reason the Gov- 
ernor negatived him, & Directed to a new choice & to admit the new 
members to join in it, which we informed his Excellency we were ready 
to do, as soon as he would please to show us his power to Negative a 
speaker, and the Right the excluded members had to a seat m the Gen- 
eral Assembly : To which he replyed, that when we had obeyed what he 
had commanded, in Regard to the choice of a Speaker, and admitting 
those Persons, he would give us Satisfaction in the things we had a right 
to Inquire into, but not till then. This appeared to us to be an Implicit 



90 PROVINCE OF NEW-HAMPSHIRE. [1749. 

Denial of the right of the House expressly vested by the afores d act, and 
Inherent in them by the Constitntion, of Judging of the Legality of Elec- 
tions and purging their own members: and Equivalent to requiring abso- 
lute obedience in a case wherein all former Assemblys have claimed and 
Enjoyed the Right of Exercising their own Judgment, and acting agreea- 
ble to it. Here we would beg leave humbly to observe, That we appre- 
hend the Members of the Assembly have a right to be informed by what 
authority any new place claims the priviledge of sending a Representa- 
tive, and by what right any man pretending to be such supports or pro- 
poses to support his claim, even before they choose a Speaker and are 
form'd a House, to prevent Imposition & the obtruding such as can have 
no Foundation of such a Right, joining and as it may happen choosing 
the Speaker for them, if a more particular Examination of the Elections 
& all process Relating thereto should be suspended & Reservd till after 
they Ave re so formed. 

That on the 18 th of January we address'd the Governor, Earnestly re- 
questing him to permit us to proceed to Business, Pepresenting the ne- 
cessity of it from the consideration of the State & condition of the pub- 
lic affairs, as that there was no collector of the Excise upon strong Li- 
quors granted to your Majesty, the Treasurer's Accounts had Remained a 
long time unsetled, no provision made for the soldiers, who guarded the 
Frontiers the last Summer, whose necessity* cry aloud, to which, besides 
the obligations of common Justice, self-preservation should induce as to 
attend, as it Avas a time of War, and we should have further need of their 
services ; the necessity that something should be done respecting the 
money granted by Parliament on the account of the Expedition against 
Louisburg, the necessity of Inquiring into the State of the Loan, how the 
act had been observ'd, with many other things absolutely necessary to be 
done for the well being of the Province. To which address the Governor 
did not vouchsafe an ansAver, but on y e 20 th of January Prorogu'd the As- 
sembly, to the eighth of February then next. And here Ave beg leave to 
say that all the above mention'd inconveniences might have been either 
avoided or Redressed, before that time, had not the Province been with- 
out an assembly seven months together, a case without precedent here in 
time of Warr. 

That meeting on the 8 th of February, tAvo Gentleman (Avho had not ap- 
peared before) came & claimed a seat in the Assembly, saying they AA*ere 
chosen by virtue of the King's writ duly issued, & produced a copy of part 
of an Instruction (Dated 30 th of June 1748, to the Governor to Dissolve 
the Assembly of this Province as soon as might be, and when another 
should be called, to issue your Majesty's writ to the Sheriff commanding 
him to make out Precepts to the Selectmen of the Towns of South Hamp- 
ton & Chester, the Districts of Haverhill, Methuen & Dracut, and the Dis- 
trict of Rumford, Requiring them to cause the Freeholders of the 
said places to assemble [and choose] fit persons to represent said Toavus 
& Districts in General Assembly, one for each of said Towns & Districts : 
And to signify your Majesty's pleasure therein, to the members of the said 
Genera] Assembly. Pursuant to which, they said your Majesty's writ had 
been issued to the Sheriff And his precepts to the Selectmen agreeable to 
the Directions thereof, and they were chosen, viz. Joseph Blanchard, 
Esq. for the Toavus of Dunstable, Mcrrimac, Holies, Monson and Notting- 
ham West, & Thomas Packer. Est), for Pelham & Methuen. This is the 
first not ice we had of any Instruction relating to this matter, and uoav not j 
communicated to us by the Governor, but only shown by those Gentlemen 
as a matter courtesy & favour; Had the whole of said Instruction concern- 
ing this affair been reasonably communicated to the members of the Gen- 
eral Assembly, as is therein directed, it is without Doubt the present dis- 
pute had been avoided. Excepting so far as relates to the Executing this 
Instruction which has been done in such a manner as Ave humbly conceive, 
gave sufficient ground of objection as the sequel will sIioav. 



1749.] JOURNAL OF THE HOUSE. 97 

That as it was altogether a new thing- among us for so many places to 
use a man?(l) We tho't it our Duty to Inquire into the manner of these 
Elections, and thereupon desired the Secretary, that the Precepts which 
the Sheriff had issued to the Selectmen of these new places for the choice 
of Representatives, and the Returns thereon, might be laid before the As- 
sembly, to which he reply'd, they were in the Sheriffs hands tho' your 
Majesty's writ commands him to Return them, with that into the "Sec- 
retary's office, where they might be had, as occasion Requires ; and tho' 
thirty days were now elapsed since this should have been done. Where- 
upon we applyed to the Sheriff for those Precepts and Returns (which ap- 
peared to be still more necessary to Examine, as he had return'd himself 
as chosen to serve for two of the places) who answer'd, that when we 
were duly settled & Qualifyed to act, he would Lay those Precepts before 
us & not till then : which was in effect saying, that after we had admitted 
an Election to be valid, we might then judge whether it was or not. 
Whether such a magisterial answer was proper in this case for the Sheriff 
to give, is humbly submitted. 

That said Instruction (so far as we have seen) says nothing of those 
places, which these two gentlemen said they Represented, and as we un- 
derstand it, is only declarative of your Majesty's power to extend the priv- 
iledge of sending Representatives to your such new places as you shall 
judge worthy thereof. And not that the Governor ex officio should ex- 
tend this priviledge at pleasure, to such as he should think worthy, — but 
that he must have your Majesty's directions to what new places this priv- 
ilege from time to time shall be extended. 

That the Districts here were places added to this by the late determina- 
tion & Running of the Boundary Line between this & the Province of the 
Massachusetts Bay, and were soon after Incorporated by a Temporary Act 
of Assembly here, only for the purpose of taxing the polls & Estates within 
them to the charges of this Government, until they should be incorporated 
into Townships by proper Charters. 

Methuen & Draeut were one of those Districts, part of which, viz. Dra- 
cut, has since been Incorporated into a Township by the name of Pelham, 
but that Part called Methuen remained upon the Foundation laid by the said 
Act which has been several times revived, and the last time for three years 
which expired within seven months after the conveening this Assembly. 
In this last Act of revival the Districts of Litchtield, Nottingham, & Dun- 
stable, and that part of Methuen & Draeut district, call Draeut, were left 
out & soon after Erected into Townships : By the afore s cl Act for calling 
an^Assembly, it may subsist three years, then by tins management, here 
would have been a Representative in that case for Methuen two years and 
a half (nearly) after it was Dissolved & without any Legal Existence as a 
Corporation. Moreover, by the writ issued by the Governor for calling 
this Assembly, the Freeholders of Pelham & Methuen are Directed to unite 
and choose one Representative for both places, at one meeting to be held 
at Pelham, and also one for the Towns of Dunstable, Merrimac, Holies. 
Monson & Nottingham West, at one Meeting, to be held by the Free- 
holders of said Town jointly, and as members of one Corporation, or Body 
politic entituled to that priviledge. This, we humbly conceive is utterly 
illegal being against the Letter & Intention of the Act above mentioned 
for the calling & Electing of Assembly, &c. contrary to the meaning of all 
the Laws of the Province relating to the meetings of Freeholders, ex- 
cepting the case above mentioned, where Towns have been divided into 
two Parishes, which were before but one, by an Act of Assembly, the two 
Parishes have united by a special clause in the Act for the chusing Assem- 
bly men, managing their common Laws & sometimes only the first of 

(l) Evidently something is here omitted— Perhaps it should D3, '-for so many places" 
Iq unite in choosing a man. — El). 



98 PROVINCE OF NEW-HAMPSHIRE. [1749. 

these — that is, they have been Divided by spceial Acts only as to some 
purposes, and others remain'd as they were. But there is neither Law nor 
custom to Warrant such an Assembly as this, called by the said writ of* 
the Freeholders of so many different Towns together, or even of two : and 
we believe this is the first that ever was heard of in New England; — 
and bad there been any disorders committed at this meeting, the authors 
could no more have been punished here, than for the like done at any ac- 
cidental meeting elsewhere. 

It is therefore humbly submitted whether Elections made in such a 
manner can possibly be adjudged regular and supported under the pres- 
ent Constitution ; It appearing to us that the Design of your Majesty's 
Instruction has been quite mistaken, or wilfully perverted, which, with 
an intent to bring the Assembly to a blind obedience, we apprehend was 
the Reason why this Instruction was not communicated in the manner it 
Directs. And this proeeedure was not only an Innovation, but Equiva- 
lent to a claim of a Tower to dispense with the Laws of the Province, at 
Pleasure. 

In this view of the premises, We apprehend that to admit the members 
and pass over these matters in silence would be giving up the Rights of 
the Assembly, betraying the Libertys of the people, & submitting to such 
Arbitrary measures as your Majesty neither expects or desires of any of 
your subjects, and what in fidelity '& with a good conscience we could not 
do, until better Informed. 

That under these circumstances the Governor has kept the Assembly 
under short prorogations to tins day, and nothing has been done, but ad- 
ding to the Public charges (to be paid some time or other) by their fre- 
quent attendance & consequently our calamitys instead of being alleviated 
have been augmented from that Quarter, from whence compleat redress 
was justly Expected. In fine, we beg leave humbly to observe, That our 
objections are not made in this Debate to your Majesty's right & power 
of Extending this priviledge, as has been represented & Industriously re- 
ported, but the several points in Dispute between the Governor & us are 
these : viz : Whether the Assembly have had not the right of judging and 
determining of the Legality & Regularity of the Election of their own 
members, [denied them./'] and as a necessary consequence of this, Whether 
any instruction wherein your Majesty has or may extend the priviledge of 
sending Representatives to the General Assembly unto new places, ought 
not to.be communicated to the Assembly by the Governor, and the writ hy 
which they arc called, and the whole process thereon returned, where the 
Assembly may have access to it, before they proceed to business. 

AVhether the Governor's command to the Assembly to receive any mem- 
bers, the Regularity of whose election they are not satisfyed of, and which 
is drawn into Question, is obligatory upon them & gives the disputed 
members a Right to vote before that point is determined by them. 

Whether the Governor can Ex Officio extend the priviledge, of sending 
a Representative or more to the General Assembly at his pleasure, to 
what places he Judges worthy of that priviledge, without any Instruction 
Determining that matter, and as a consequence of this can Diminish the 
number at pleasure & so model the Assembly to his own standard. 

Whether the Governor has a Tower to Insert such a clause in your Maj- 
esty's writ, and order the Freeholders of two or more Towns to unite in 
one meeting, and conjunctly choose a Representative, or more, in the 
manner aforesaid, notwithstanding the Laws afore sJ & Immemorial custom 
to the contrary — And Whether the Assembly can consistent with the Laws 
of the Province, their duty to the people they represent, Parliamentary 
Rules, (and, which is more & Imply'd in all those) their duty to your Maj- 
esty, admit persons so chosen to make part of an Assembly under your 
Majesty's Government, and an English Constitution— all which is most 
chearfully & Humbly submitted to your Majesty's Justice. Wisdom & 
Clemency. 



1749.] JOUKNAL OF THE HOUSE. 99 

Wherefore upon the whole, your Petitioners with great Loyalty & Sub- 
mission, most humbly & Earnestly pray, that your Majesty would be gra- 
ciously pleased to take the case of your good subjects here into considera- 
tion, and of your great Clemency & Goodness, continue to them those Lib- 
ertys and Priviledges they have heretofore enjoyed, & Prevent any In- 
croachments and undue attempts to diminish them, and particular that the 
Governor be Directed to communicate such Instructions as relate to their 
conduct, before they are Eequired to Act in conformitj'- thereto, that they 
may not be brought into the Dilemma, Either of Disobeying your Majesty's 
commands or acting upon an Implicit faith, which has often been insisted 
on with them. 

And in special we would most ardently Deprecate the Governor's having 
a Descretionary Power granted to him, of adding to the Assembly in the 
manner aforesaid at his pleasure, and so of forming them to his own 
mind. 

But we humbly pray that your Majesty would be graciously pleased, so 
to state & limit the number, conditions & circumstances of, & previous to, 
the extending the priviledge aforesaid to new places, as may be Equivalent 
to a Law or permit the same to be Regulated bjr an Act of the Assembly 
for the future that so valuable a Priviledge and such an Interesting Fran- 
chise may not stand on so precarious a Foundation as aGovernoursFancy or 
particular & selfish views ; or grant us such other Eelief & Eedress of our 
grievances afores d as in your consummate wisdom and abundant goodness 
you shall Judge proper. And your Petitioners as bv the strongest duty & 
highest obligations Bound, shall ever Pray, &c. 



[The following paper appears to be the draft or outline of an Address to 
the Freeholders of the Province, relating to the same matters as the fore- 
going addresses to his Majesty, and serves to throw additional light on 
the controversy between the Assembly and the Governor. — Ed.] 

[Copied from MS. "Addresses to the King" &c. pp. 83-86.] 

1 st An address to the Freeholders showing the deplorable state of the 
Province &c. interspersed with all possible expressions of Duty & Loyalty 
to the King, &c. &c. 

2'y State the Dispute, showing it was not with the King, but with the 
G 

3 J y Some animadversions on the Paragraph from Pres 1 Cutts his Com- 
mission. If there was no Parenthesis in the original Commi ss then the 
words "as they shall judge most convenient" plainly refer to the persons 
who are to chuse their deputies ; but if the words refer to the President & 

Council as would have them, then he has not proceed d accords to s d 

Commi ss for he never consulted the Council in the affair. He says the fol- 
lows Par : of Pres : Cutts Commi ss clearly show &c. & the utter impossibility 

of Deriving any power or Priviledge therefrom Wherein they contain 

great Priviledge. 

The Gov r by his Commi ss is to call Assemb : according to the usage of 
the Province — w ch usage the Printed Journall shews. 

The Instruction requires the Gov 1 ' to send to 5 places by name, where- 
as he sends to, I think, 10, & Eequires 4 to meet together in one to choose 
one person to Rep. y e 5 w ch is contrary to all law & usage & such a meeting 
could be only a tumultuous Assembly. 

The Speaker was unanimously &and not partially chosen. In the first 
Parag : he allows y e Assemb. were qualified to enter upon business & af- 
terwards he says that they took upon them to exclude 5 members & before 



100 PROVINCE OF NEW-HAMPSHIRE. [174$; 

they had got in themselves & adds expressly contrary to his Maj l - vs In- 
sfcruc", when the Assembly knew nothing of any such Instruction. 

The next Parag : mistakes the point in y c dispute again, w * 1 was not 

whether the Elections were due, but whether the places were qualified to 
send &c. & is not the attempt to send to unqualified places without any 
Instruction & contrary to all former usage a great invasion on the Privi- 
edges of the people, and the publication of the message a design to 
amuse & deceive the people? Nobody ever pretend* that his majty* add. 
Instruc 11 were an invasion &c. but that he who attempted to act without 
such Instructions actually invaded the Rights, &c & that his producing? of 
it, in such a manner plainly discovers Enmity ag 81 y e people & an unbound 3 
thirst of the arbitrary Gov 1 '. 

The Gov 18 arbitrary proceedings set the Gov 1 on fire. If he had con- 
sulted the good of the people & not private Interest, none of these diffi- 
culties would have happened. He that without any provocation begins a 
Quarrell must be looked upon as the cause of all the evils that follow. 
What occasion had he of all men who was introduced at the expense of 
the people to endeavor to sap the foundation of all Priviledge & in a way 
w ,h none of his predecessors ever hit upon. 

Had the Gov 1 ' attend' 1 to his Maj l .v s Instruction & laid the whole of it 
accord^ to directions therein before the Gen. Assemb. at the open? thereof 
the difficulties might have been prevented But he did neither. 

The unreasonably arb. &c. proceedings of the Gov 1 ' is undoubtedly the 
oai'sc of ail the evils mentioned, w (h the Assembly early warned him of. 

'The Gov 1 undoubtedly kept the Prov : months without an Assembly 

& afterwards purposely contrived these difficulties to keep them from Act- 
ing least they should inquire into the state of the Treasury & thereby dis- 
cover the very large sums that had been taken out without any due au- 
thority, & without doubt with a design to get the money granted to Par- 
liament if possible into his own hands, or at least during these disputes, to 
make large advantages by the Improvement of it for the benefit of himself 
Aids creatures and that there was an attempt to get the money will appear 
byT's letter, & if they can share the Interest of £30,000 sters among them, 
no wonder if they contrive all possible ways to prevent there being an ac- 
tive Assembly. 

The disposall of the laws to strangers & not to the Inhabitants of the 
Province plainly shews how the money would have been disposed of if 

could have got it & the want of Regard for the true Interest of the 

people. 

Quere. Whether a hint of a scheme some people have who are collecting 
tii the paper currency of the Prov : into their hands in order to get the 
sl.er r money & sink it with all the paper currency at once. & cautions to 
the Freeholders to choose persons to Represent them, that won't come in- 
to such a scheme, may not be of use, &c. 



The Gov 1 ' comment:' 1 the dispute & not Assembly and he might consist' 
with his Maj ; . vs Instruction (especially when he was made sensible in Feb? 
1748 that he had not attended to the Instruction) have dissolved the Gen. 
Assiinb. & called a new one, & in calling the same exactly attended to the 
Instruction, & his not dissolving plainly shewed y l he Avas not willing to 
have; an active Assemb. least (perhaps) they shouid have made Represen- 
tations of the Truth where <t</<lr<>ss. } might be had. 

The Gov 1 as he charges the Assemb. with private Int s &c. would do well 
to point out what private views or self-Inte s they could possibly have. 

The Assembly never refused to joya with y« other branches of Gover 1 , 
but. they vefus' 1 to joyn with Assembly, & here would it be improper to 



1749.] JOURNAL OF THE HOUSE. 101 

print the vote of the Assemb. for paying the soldiers w ch was sent Tap, also 
the vote for a Recorder. 



[p. 147.] Mr. Sec y came into the House and by liis Exc )S Di- 
rection adjournal the gen 1 ass m till three o'clock. 



Fry day, Apr 1 7, 1749, p. m. 

The House met according to adjournment. 

Mr. Sec y came into the House and said he was Directed by his 
Exc y the Governor to acquaint the House that he had prorogued 
the gen 1 ass 1 ' 1 till Wednesday the 19 th Instant then to meet at 
Portsm . 



Wednesday, Apr 1 y e 19 th 1749. The House met according to 
Prorogation, [and was adjourned from day to day till Apr 1 21, p. m., 
and was then Prorogued by his Exc- vs Direction till Tuesday the 
ninth of May next.] 



[p. 148.] Tuesday May 9 ,h 1749. 

The House met according to Prorogation. The Hon ble Sara 1 
Smith, Esq. Bro't Down a written message from his Ex y the Gov- 
ernor which is as follows, viz : 

Gentlemen, 

You having Refused to proceed to the choice ot a Speaker in the room 
of Rich d Waldron Esq. who I disapproved of, and the necessity I was un- 
der to have a due obedience paid to his Majesty's Additional Instruction 
given at White Hall the 30 th of June 1748, made it necessary for me to 
keep y e Gen 1 Ass m under Prorogation to this clay which is more than four 
months. It will now be very pleasing to me if I meet you disposed to pay 
a clue obedience to his Majesty's commands, and what I have been so long 
[p. 149.] waiting on you for, That no farther impediment may be given to 
the Public affairs and that I may be Prevented from laying the obstruc- 
tions I have met with in the administration of my Government before his 
Majesty whereby greater Prejudices may arise to the People you repre- 
sent than you may conceive of. 

E. Wentwoeth. 
Council Chamber in 
Portsm May y e 9 th , 1749. 

Mr. Sec y came into the House and by his Ex ys Direction ad' 
journ'd y c Gen 1 Ass m till to morrow ten o'clock. 



102 PROVINCE OF NEW-HAMPSHIRE. [1749. 

Wednesday May 10, 1749, a. m. [Met and adjourned till 4 
o'clock, i'. m. when the following message was read.] 

May it Please your Excellency. 

We received your message of the fifteenth of February last to which we 
had voted an answer but before it could be cop} r ed we were Prorogued 
which prevented your Excellency's having it. Wherefore we now take 
leave to make a reply to it, tho' perhaps it may seem a little out of season ; 
yet when it is considered that it is in your Ex- vs Power to prorogue the As- 
sembly as soon as you have sent them a message, and thereby prevent 
their giving an immediate answer, we hope it will not be tho't imper- 
tinent if we catch any opportunity that we can to vindicate ourselves 
[p. 150.] from any injurious or undeserved imputations and to justify our 
conduct. Your Ex>' says If Ave have had his Majesty's Instruction signi- 
fied to us in any manner it is all his Majesty intended, which is a plain In- 
timation that somehow orother we have had the whole Instruction signified 
to us : yet a few lines after, your Ex^ says we may not expect any other 
part of the Royal Instruction than what has been laid before us, which 
implys that the whole has not been signified to us : Again your Ex~ v gives 
for Reasons why we may not Expect any other part of it that you are 
the sole Judge of the method of signifying it to us and the time when. 

Now how it consists that we have had the whole of the Instruction 
and that we have had but a part of it, and that we may not expect the 
Remaining part because your Ex- V is Judge when it shall be laid before us 
is what we cannot comprehend. 

Your Ex- V charges us with cavelling at y e language of the Royal In- 
struction, and says when we are cool we shall find the English to be sterling. 
We are quite sorry your Ex>" was so much mistaken as to take what we 
said for cavilling to fix it too on the Royal Instruction, and to fancy that 
we wanted a cooling. Our remarks were natural, they were plain and 
easy to be understood and therefore not a cavil; they were not made on 
the Language of the Royal Instruction, but far Eno' from it, for they were 
on your Ex- vs message, and if the English of it was sterling (we borrow 
your Ex vs word) we hope it will be of no offence to say your argument 
did not appear to us to be of the same coin. 

As to our being cool, perhaps your Ex- V tho't that the ill state of our 
provincial affairs and the means by which they were brought into it had 
raised a warmth in t lie Representatives of a Distressed people, — be that 
as it will we can't think that your Ex> had y e least Reason to imagine it 
[p. 151.] had got to such a Pitch as that we needed a cooling. 

Your Ex vs caution against puting the People to further Expense in dis- 
puting about the names of Towns, we apprehend was needless, as it had 
been no part of y e controversy ; the Privilege of our constituents has 
been the subject of the Dispute, and while we are maintaining that we 
have no Reason to think they will murmur at the Expense, how much so- 
ever they may l)e Discontented at the cause of it. 

Your Ex- xs saying we Refused the persons from the new places a Seat 
with us, because you call'd them by virtue of your Commission is a point 
in which you are also mistaken, for the Reverse of that was the Reason 
Ave did nol admit them, viz. Because they were not call'd by vertue of 
your Ex- Vs Commission, there being no such powers given your Ex- V there- 
in that we can find, and agreeable to our opinion in this matter your Ex. y 
says in your message of the fifth of April you were commanded to call 
them by the distraction. Your Kx." says If you had tho't ten other towns 
worthy of sending Representatives you would have supported their Elec- 
tion. We doubt it not, and an- of opinion you might have clone that as 
well as some other things which have been done: but as this Declaration 
geem'd fco be intended for a menace of what vour Ex- V would do hereafter, 



1749.] JOURNAL OF THE HOUSE. 103 

we have used the best precaution we could in an address to his Majesty 
to prevent the threatned calamity. 

[p. 152.] Your Exy says if we would lay aside the strong prejudices 
some of us bro't with us we must Honestly confess we have been strip- 
ing an honest set of Industrious People of a Privilege. 

As these strong prejudices are charged only on some of us, the guilty 
(if any there be) ought to answer the accusation, but we know of none 
such ; yet we own your Ex^ can make the best guess as best knowing 
whether there has been any just cause given therefor. 

As to your Ex>' s saying we must honestly confess, we Reply that we 
must honestly declare that we should be dishonest if we should confess 
what you require, and therefore your Exy must excuse us from confession 
if you please till we are conscious of guilt, or the charge is proved by a 
more convincing argument than that of a bare assertion. 

We are sensible there has been anlndeavourtostrip a much larger num- 
ber of honest Industrious people than the set your Exy mentions even the 
whole people of the Province, and that too of more privileges than one, 
which we have Represented to his Majesty in the way of Address for the 
Redress of Grievances, and humbly submitted it to the Royal wisdom to 
determin to whom this stripping imputation appertains. 

Your Exy says you will pass by our Irregularities & indecencies ; we 
know of none, if you had pointed out any, we would have Refuted the 
charge or readity asked your pardon. 

Your Exy says by the King's Commission and Instruction you have full 
power to Negative eveiy Act of Government, and consequently full Power 
to Negative one or more Speakers. The first part is a truth beyond con- 
tradiction, but we utterly deny the consequence. 

[p. 153.] If your Exy will Prove that a vote of the Representatives for 
Regulating their House is an Act of government we will yield the Point 
forever and choose as many speakers as your Exy shall require. But we 
observe by the way that by your Ex.v« saying you have a Right to Nega- 
tive one or more Speakers, we suppose you mean a Right to Negative as 
many as you please, and if that be the case what becomes of the Privilege 
of choosing, or what is it but a meer Phantom! 

The Gen 1 Ass m consists of twenty members, we will suppose nineteen 
have been chosen Speakers & negatived, the twentieth then must 
necessarily be the Speaker and who will say what is done by necessity is 
done by choice. 

What your Ex> means by a fondness in some gentlemen to go to White 
Hall we do not understand. Your Ex3' s advice to us to be certain of y e 
Justice of our cause we shall follow by endeavoring to be as certain as 
the nature of the thing will admit of. 

By your Ex>' s saying one miscarrying will illustrate your conduct, per- 
haps your Ex- V means will make it illustrious, be that as it will to illustrate 
it is our Design, and if that will be agreeable to your Exy we shall be 
pleased in doing you such an acceptable service. 

As to considering further of the choice of another Speaker & admitting 
the Persons from the new places we have once and again given your Exy 
our final Resolve thereon, to which we once more pray you to be refer'd 
for our Determination on those points. 

Voted that the foregoing message be sent his Ex- V the Gover- 
Qour. 

Sent up by Mr. Clarksoa, Maj* Davis, Mr. Philbrick and Capt. 
Hall. 



104 PROVINCE OF NEW-HAMPSHIRE. [1749. 

[p. 154.] May it Please your Excellency. 

We Receiv'd your message of the fifth of April wherein you charge ns 
with a repeated Refusal to comply with your orders in choosing a Speak- 
er in the Room of Richard Waldron, Esq. and a Disregard to his Ma- 
jesty's instruction in not admitting the members from the new Places. 
We must pray your Ex v to he refer'd to what we have Repeatedly said 
for an answer to those Points as we choose not to trouble your Ex v or 
ourselves with vain Repetitions! 

If your Exy had offered any new arguments we would have submitted 
to them or endeavored to have confuted them. There is indeed one 
thing new. (viz.) That your Ex. v is commanded by the Instruction to call 
in six new members, >!<c. whereas it appears by the copy lent us that you 
were to call in but live, tin/ from six places: and by the King's writ it 
appears also that you call'd one from new places not rnention'd in the 
Instruction at all. How exact your Ex v has been in your conformity to 
the Royal Commands perhaps you ma}* think fit to reconsider; — and here 
we take leave to Recommend it to your Ex- vs consideration in particular 
that tho' you say in your Message of the fifth of April that you were com- 
manded by the instruction to call the new members, yet in your message 
of the fifteenth of February it is expressly said they were called by vertue 
of your Commission. Now how it consists that your Ex- V should be com- 
manded to call them by the Instruction & yet call them by vertue of your 
Commission we do not understand nor can we find a Power in the Com- 
mission to call them and by comparing the King's writ with the piece of 
Instruction which was lent us it appears plainly that your Ex. v has not 
acted in conformity to the said Instruction, but very wide from it which 
alone (Exclusive of other important reasons) we humbly apprehend will 
[p. 155] sufficiently justify us in not admitting those persons till his 
Majesty's Pleasure shall be further known. 

Your Ex v says you gave us several Prorogations that we might mature- 
ly consider of our past misconduct. The more. Sir. we have considered 
the more we are convinced that we have done our duty both to our King 
and Country and we hope that in the space you have pleased to give us 
to consider of our misconduct (as you are pleased to call it) your Ex v has 
considered of your own conduct also, and that the Result is that Ave may 
be permitted without further delay to Enter upon such business (at least) 
as is necessary to save the Province from ruin. 

As to what your Ex- V says of his Majesty's Expectations and the duty 
of his subjects in other Plantations & Colon eys we do not see what in- 
duced your Ex>' to draw those things into your message, nor that we have 
any business to make a reply to them. Ic is sufficient for us to do our 
duty and if we fail, to answer for Ourselves. 

Your Ex v says you shall give us further time to deliberate. To which 
we reply : — If you will be pleased to give us also Reasons and Arguments 
to prove that your Ex v is in the Right and the (Jen 1 Ass 1 " in the wrong 
touching the Dispute in hand, we shall be glad of an opportunity for fur- 
ther Deliberation, but to consider further of naked assertions and what 
we have so maturely considered already will be but a needless & fruitless 
Expence of time. 

Upon the whole in behalf of his Majesty And in behalf of our Constitu- 
ents we once more Earnestly Intreat your Exi to let us Enter upon some 
of the Provincial business that is of the most importance (if not on all) 
as particularly to inquire into the state of the treasury and the funds to 
[p. 154. I ) pay the Publick Debts', especially to the poor soldiers for their 
list year- service; and tin! we may take the proper measures to have 
the money granted by Parliament bro't over, and to obtain a Reimburse- 
ment for the money taken out of the Treasury (if any has been taken out 

t. Pages 154 ami 155, arc repeated in the original.— El). 



1749.] JOURNAL OF THE HOUSE. 105 

to pay the Canada Troops ; and moreover that we may take the proper 
steps to have the Publick Records of Deeds once more opened to the Peo- 
ple whose property they are. 

Voted Unanimously that the foregoing message be sent to his 
Ex y the Governour. 

Sent up by Mr. Sherburne, Capt. Millet, Coll Gilmau and Mr. 
March. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journed the Gen 1 Ass m till to morrow ten o'clock. 



Thursday May 11 th 1749, a. m, 
[p. loo.] The House met according to adjournment [and by 
his Ex ys order was adjourned till Friday, and again till] 

Saturday May 13, 1749, a. m. 
The House met, and 

Voted unanimously, That y e following Message be sent his Ex 
cellency y e Governour. 

May it please your Excellency 

On y e ninth present we Received your Excellencys message of that days 
date so much y e same in kind with your former Messages, to which we 
have so often & fully Reply'd that Ave Desire your Excellency to bo Re- 
ferred to our former Resolves for an answer to this, being determind to 
adhere to them 'till his Majesty's Pleasure shall be further known, or your 
Exy shall convince us by Rational arguments that we are in an error, 
your ExJ' says you have been waiting on us more than four months, &c. 
Have we not been waiting on your Exy y e same length of time, and Re- 
peatedly Desired that we might be permitted to Enter upon y e necessary 
business of the Province, tho' hitherto in vain ? And was not y e whole Prov- 
[p.156] ince w r aiting seven months before without any Assembly at all tho' 
it was a time of War, tho' many Publick debts were unpaid, many accounts 
unsetled and our Provincial affairs in general in a most perplexed and un- 
happy posture ? Your Excellency says it would be very pleasing to you 
to find us disposed to pay a due obedience, &c. We reply it will be equally 
pleasing to us to find a Disposition in your Ex> r to remove }^ e Impediments 
which obstruct us in doing our Duty to our King and country which may 
prevent us from laying further Greivances before his Majesty that may 
perhaps produce consequences not so agreeable to your Ex)" as you may 
wish. 

Before the foregoing message Avas ready to be sent his Ex y , 
Mr. Sec y came into the House and said he was directed by his 
Ex y to Inform us that he had Prorogu-d the Gen 1 Ass m till Thurs- 
day the first day of June next at 12 o'clock, and then in his Maj 
esty's name Declared this House Prorogued. 



Thursday, June 1 st 1749. The House met according to Pro 



106 PROVINCE OF NEW-HAMPSHIRE. [1749. 

Voted that the following message be sent his Excellency y e Gov- 
ern our. 

May it please your Excellency. 

[p. 157.] In consideration of the various Tokens of y e Divine Displeas- 
ure which this Province is under at this time, more Especially in Regard 
to the uncommon & early Drought & y e Perplexed and unhappy circum- 
stances of our Provincial Civil affairs, AVe humbly move and Earnestly 
Pray that your Excellency will be pleased (with the advice of the Council) 
to Proclaim a Solemn East throughout this Province Exhorting both 
Ministers and People Religiously to observe the same by Deep Humilia- 
tion and hearty Confession of sin the Procuring cause of all Evils & un- 
feigned Repentance for our past Iniquities and by seeking to y e Father of 
mercies in a way of Prayer and most Devout & fervent supplication that 
he Mill be graciously pleased to avert the tokens of his Displeasure and 
give us Pain from Heaven and fruitful Seasons & Reign down Righteous- 
ness upon y e Rulers & Ruled, and Deliver y e Province from its present 
perplexities. 

Past nemine contradicente. 

Mr. Sec y came into the House & by his Exc ys Direction ad- 
journ'd y c Gen 1 Ass m till to morrow ten o'clock. 



[p. 158.] Friday June 2 d 1749, a. m. 

The House met — [and adjourned till 3 o'clock] 
P. M. 

The House met according to adjournment. 

The answer to y e Governours message to the House of the 9 th 
of May which was voted on the 13 th of y e same month hut not 
then sent his Ex v , and y c Message to his Ex y which was voted yes- 
terday were sent up by Mr. Clerkson, Mr. Giddings & Mr. Jenness 
who returning and informing that his Ex y was not at y e Council 
Chamber : The Messages were then sent up by Mr. Sherburne & 
Mr. Weare & Deliver'd to y e Sec 7 . There not being a Quorum of 
y e Council & y° Sec y was desired to forward y e same to his Ex y 
who answer'd that he would. 

Mr. See-' came into y e 'House & by his Ex ys Direction ad- 
journ'd y e Gen 1 Ass m till to-morrow ten o'clock. 

[p. 1")!).] [Met and adjourned from time to time till] 

Thursday, June 29, 1749, a. m. 

The House met according to adjournment. 

The (Jen 1 Ass 1 " having heard that his Ex y lias been advised by 
y e Council] to keep them siting, or under short Prorogations or 
adjournments. 

Ordered, That Mr. Sherburne & Mr. Weare go to the Sec y & 
Desire a Copy of y e minit of Council in which is contain'd their 
advice to bis Ex y as above mention'd. 

[p. 1 GO.] After a short time the Sec y Deliver'd them a copy of 
y e said minit, which is on file. 



1749.] JOURNAL OF THE HOUSE. 107 

Mr. Sec y came into the House and by his Ex ys Direction ad 
journ'd y e Gen 1 Ass m till four o'clock. 

Thursday June 29, 1749 p. m. 

The House met according to adjournment. 

Whereas by an order of this day application was made to y e Sec y 
for a copy of y e Minute of Council of y e 21 st of April (a) last which 
being obtain'd & laid before the House, and it appearing thereby 
that his Excellency y e Governor had on y e said day communicated 
to y e Council his Majesty's 84 th Instruction Directing his Excel- 
lency with y e advice of y e Councill to take order if any thing should 
happen which may be of advantage to y e Province which is not 
provided for in his Instruction or by his Commission, <fcc. And 
that his Excel y also took notice of the Present circumstances of y c 
Province y* y e affairs of Government were stagnated by the means 
therein mentioned ; and then asked whether the Councill by ver- 
tue of the said 84 th Instruction could advise to any method or thing 
that might be Prosecuted or Done for the advantage of the Gov- 
ernment, who taking the same under consideration did advise 
[p. 161.] that his Excellency keep the said Assembly under short 
Prorogations or adjournments. 

Minutes of Council. 

(a) Jour. Coun. & Assem. April 21, 1749. His Excellency ordered the 
Secretary to read at the board his Majesty's Aditional Instruction elated 
at White Hall the 30 th of June 1748 Declaring the Right of calling mem- 
bers of Assembly from any new Towns to be in the Crown, &c. and alsoe 
his Majesties 84 th Instruction Directing his Excellency with the advice of 
the Council to take order if any thing should happen-which may be of ad- 
vantage to the Province which is not Provided for in his Instruction or by 
his Comission.(l) 

Which being read at the board his Excelency took notice of the present 
circumstances of the Province that the affairs of Government were stag- 
nated & obstructed by reason of the members of Assembly having hitherto 
refused to Pay any regard to his Majesties Instruction in admitting sev- 
eral members from new Towns agreeable to his Majesties Aditional In- 
struction above said — and then asked weither the Council could by virtue 
of the said (84 th ) Instruction advise to any method or thing that might be 
Prosecuted or Done for the advantage of the Government. The Council 
took the same under consideration and did advise that his Excellency keep 
the said Assembly under short Prorogations or adjournments. 



Now, forasmuch as the Declared Intention of this advice was for 
v e advantage of the Province, and it is manifest that no advantage 
can accrue to the Province by frequent sessions of the Assembly, 
but on the contrary that they must necessarily Increase y e Dis- 
tresses, <fe unreasonably augment y e load of Province Debts, un- 
less the Councill will join with them in Acting what may be for y c 

(1) The 84th Instruction is in the Journal of the House, under elate of Feby 8, 184.8-9 
— Ed. 



10<S 



PROVINCE OF NEW-HAMPSHIRE. [1740. 



Publick utility, and upon a Presumption of the Councils Readiness 
so to do infer'd from their advice given his Ex y as abovementioned. 

Voted, that Mr. Daniel Pierce, Gentlemen, be Recorder of 
Deeds & Conveyances of Land fortius Province for one year from 
the Date hereof until the third day of the next siting of the Gen 1 
Ass"' after y" Expiration of said term, and that he shall not be 
Qualified to act as Recorder until! he has given bond with sufficient 
Sureties to the Speaker of the House of Representatives for y* 
[p. 162.] time being in the sum of two thousand Pounds and taken 
an Oath for y e faithfull discharge of the said office, and that y u fee for 
Recording shall be six Pence a page, each page to consist of twenty- 
eight lines eight words to a line, and three pence for each attestation 
such Record, and its being compared with the Book, and that 
Coll" Henn Sherburne, Richard Wibird, Thos. Millet, Eleazar 
Russell & Thos. Bell, Esq 8 be a Com tcc they or y e major part of 
them to take the Books and papers belonging to y e said office of Re- 
corder into their custody in case of y e Death or Incapacity of y c said 
Recorder or the Expiration of y e term above mentioned and them 
safely keep until further order of the Gen 1 Ass m . and it is further 
voted that said Com tee or the major part of them take a list of all 
y e Books now belonging to the said office & a Receipt for y e same 
from y° said Recorder, and that they be under oath for ye faithfull 
discharge of their trust and that a Duplicate of the said Receipt be 
Lodged in y e Sec ys office. 

[p. 163.] Mr. Sec y came into y e House & by his Exc- vs Direc 
(ion adjoun'd y e Gen 1 Ass m till to-morrow ten o'clock. 



Fryday June 30, 1749, a. m. 

The House met according to adjourning 

The Speaker being detain'd that he could not attend y e Gen 1 Ass m 
this forenoon, 

Voted That Coll" Peter Gilman be Speaker pro tempore. 

The Vote for a Recorder which pass'd yesterday was this day 
sent up by Maj r Davis & Capt. Went worth. , 

Mr. Sec y came into t lie House and by his Ex ys Direction adjournal 
y. e Gen 1 Ass" 1 till four o'clock. 



Fryday, dune 30, 1710, i\ m. 

The House met according to adjournment. 

Voted that Coll" Peter Gilman, Mr. Henry Sherburne jun T and 
Thos. Hell Esq. be a Com tee of this House tojoyn such as shall be ap- 
pointed by y e Hon 1 ' 10 Council! to Examin the Treasurer's acco* 8 
and lay y e State of them before y e (Jen 1 Ass™ as soon as may be. 

Sent up for concurrence. 



1749.] JOURNAL OF THE HOUSE. 100 

The above vote was sent up by Mr. Giddings & Mr. March who 
Return'd with y e vote & said there was not a Quorum of y e Coun- 
cill met. 

[p. 164.] Mr. Sec y came into y e House and by his Ex ys Direc- 
tion adjourn' d y e Gen 1 Ass m till to-morrow ten o'clock. 



Saturday July y e 1 st 1749, a. m. 

The House met according to adjourn m*. 

The Vote for a Com tce to Examin y e Treasurers [ace*] which 
past yesterday was sent up again this day by Mr. Giddinge. 

Voted that Thos. Millett & Edward Hall, Esq. & Mr. Zebulon 
Giddinge be a Com tee of this House to joyn such as shall be ap- 
pointed by y e Hon ble Councill to Examin y e Muster Rolls of the 
soldiers in y e service of this Governm 1 in defence of the frontiers in 
the year 1748 in the Recess of y e Court, and that said Com tee give 
publick notice to all whose proper business it is to bring in Said 
Muster Rolls to y c Com tee to be Examin'd by them & they to Re- 
port to y e Gen 1 . Ass m as soon as may be that said Muster Rolls may 
be past & y c soldiers paid. Sent up for concurrence, by Maj r Da- 
vis & Mr. Knight. 

[p. 165.] Mr. Sec y Bro't Down a written message from y e 
Councill Relative to the House's vote for a Recorder, sent up to 
y e Councill yesterday for concurrence — which message is on file. (a) 

(a) Jour. Conn. & Assem. July 1, 1749. The Council took under consid- 
eration the vote of the members for a recorder as sent up yesterday and 
came to a resolve in writing- & voted the same & sent it to the members, 
in which they took notice of their Partial recollection of the advice given 
by them to his Excellency on his laying his Maj 1 ^ Additional Instructions 
& 84 Instruction before them on the 21 st of April Last, and acquainted the 
members that they did not look upon them as quallifyed to Pass any votes 
that (needed the concurrence of the Council to render it effectual) till 
they had chosen a Speaker & such choice had been approved of by his 
Excellency &c. and till they were thus quallifyed the Council must be ex- 
cused jo3ming with them in the concurrence or non-concurrence of any 
A^ote thejr might offer, which resolve was sent down by the Sec v accord- 
ingly. 

Voted that James Clerkson Esq. Mr. Henry Sherburne jun r & 
Mesheck Weare Esq. be a Com tec to draw up a reply to said mes- 
sage. Mr. Sec y came Down and said he was directed by y e Coun- 
cil to inform us that the Councill had perused the vote sent up 
this day by Mr. Gidding & y c Councill were of opinion that what 
was sent down from them Respecting y c vote for a Recorder was 
a sufficient Reply to y c other also. And then y e Sec y said he was 
Directed by his Ex y to acquaint the House that he had prorogued 
y e Gen 1 Ass m to Wednesday the 26 Inst, and then in his Majesty's 
name Declared it prorogued accordingly. 



110 PROVINCE OF NEW-HAMPSHIRE. [1749. 

[p. 166.] Wednesday July 26 th 1749 

A number of the members met according to Prorogation [and 
were adjourned, by Direction of his Ex y from time to time tili~| 

[p. 167.] Thursday, Aug 8 * 24, 1749, p. m. 

The See y came into y e House of Representatives & said he was 
Ordered by his Ex y to acquaint them before the last Prorogation, 
if there had a Quorum, that he had long waited on them to Enable 
him to proceed on the Kings business & other necessary affairs of 
the Province which they had hitherto put it out of his Power to 
Enter upon which he Desired y c House to consider of and no 
[p. 168.] longer hinder his proceeding on the Publick affairs for 
that he had matters of Importance from England to lay before 
them when they were qualified to act, 

This message being Reduced to writing was shown the See 7 by 
order of y c House in order to be corrected, if there were any mis- 
takes in it, who said he would look on his minutes & give y e clerk 
of y e Ass m the message in writing, and accordingly gave him in 
writing the former part of the above message, but omitted y e lat- 
ter part, viz. That his Ex y had matters of Importance from En- 
gland to lay before them when they were qualified to act. 

Mr. Sec y came into y e House & by his Ex ys Direction adjourn'd 
the Gen 1 Ass m till to morrow ten o'clock. 



Fry day, Aug st 25 th 1749, a. m. 
The House met and adjourned till 4 o'clock 

P.M. 

Voted, that y c following Message be sent to his Excellency the 
Govern our, 

May it please your Excellency 

[p. JL69.] Yesterday we Received an oral message from your Excellency 
Deliver'd by Mr. SecJ to which we take leave to Reply, that a cursory Re- 
view of what has pass'd between your Excellency and us will in our opin- 
ion be sufficiently convincing that your proceedingin Publick affairs hasin 
no measure been obstructed by us, but that y e obstruction has been whol- 
ly owing to your own unprecedented conduct, which is a grievance & Bur- 
den to the People hardly to be Express'd. Didn't your Ex- V several years 
agoe Endeavour to bring members into the assembly without any author- 
ity for so doing and contrary to the common usage & custom of the Prov- 
ince, and ha'nt you since Exceeded the Limitts of his Majesty's Instruc- 
tion by attempting to introduce members into this Ass m from places not 
so much as mention'd in the said Instruction, And did'nt your Excellency 
disapprove our choice of a Speaker, without any shadow of right so to do? 
And are not; these the things that have stagnated the Provincial Business? 
And if so then be pleased to judge yourself at whose door the Blame lyes 
of the unhappy situation of our Publick affairs. "We have been ever Ready 



1749.] JOURNAL OF THE HOUSE. Ill 

& willing & are not only so now but even sollicitous to Enter upon Busi- 
ness of any kind that is proper for us to act upon, and we now once more 
Earnestly Desire we may be permitted so to do and in particular we pray 
if your Excellency has any advices from England proper for our cogni- 
[p. 170.] zance that they may be laid before us, and that if your Excellency 
has anything from the Governm 1 of the Massachusetts touching a Peace 
with the Indians that concerns us, we may have that communicated also : 
And further we Request that we may be permitted at this Juncture now 
Commissioners are going to Canada from a neighboring Governm* to do 
something towards the Redemption of any captive or captives belonging 
to this Province which are now in the hands of the French or Indians ; — 
and here we take leave further to assure your Ex? if you are determin'd 
not to let us act in our capacity as a Gen 1 Ass m till we have yielded up the 
Priviledges which you have demanded there will be no acting at all upon 
our common Provincial affairs, for that we are equally Resolved not ta 
give them away ; being also Determin'd not to Receive your Excellency's 
Assertions for arguments, nor your opinion for Law. 

Sent to his Ex 7 by Mr. Sherburne Capt. Wentworth & Capt. 
Bell. 

Mr. Sec 7 came into the House and by his Ex ys Direction ad- 
journ'd the Gen 1 Ass ra till to morrow ten o'clock. 



Saturday, Aug 1 26, 1749. 

The House met according to adjournm 1 

[p. 171.] Mr. Secretary came into the House and said he was 
Directed by his Ex 7 to acquaint us that he had Prorogued the 
Gen 1 Ass m to Wednesday the twentieth Day of Sep* next at ten 
o'clock in y e forenoon, and then in his Majesty's name Declared it. 
Prorogued accordingly. 



Wednesday Sep 4 20th 1749. 

A number of members met according to Prorogation. 
Mr. Sec 7 came into the House and by his Ex ys Direction ad- 
journ'd y e Gem Ass m till to morrow ten o'clock. 



Thursday Sep 1 21, 1749. The House met according- 
to adjournm*. 

[p. 171.] Mr. Sec 7 came into the House & said that he was 
commanded by his Ex 7 y e Governour to acquaint the House that 
his Excellency was still waiting to see if the House would proceed 
to business. 

Mr. Sec 7 came into the House & by his Ex y8 Direction ad- 
journ'd the Gen 1 Ass tn till 4 o'clock. 



L12 PROVINCE OF NEW-HAMPSHIBE. [1749. 

P. M 

[p. 172.] [The House met and was adjourned or Prorogued 
from time to time, without doing any business, till] 

[p. 173.] Thursday, Nov' 30. 1749, p. m. 

The House, being inform'd that his Ex y had something to lay 
before them sent Coll Gilman & 3Ir March to y c Councill Board 
to give information that there was a Quorum of the House met & 
Ready to proceed to business — who Keturn'd & said that they had 
been to the Councill Board but that neither his Ex- V nor any of y e 
Council] were there. 

Mr. See-' came & by his Ex ys Direction adjourned y c Gen 1 
Ass 1 " till to morrow ten o'clock. 



[p. 174] Saturday. Dec- 2d 1749. 

Met according to adjournm*. Mr. Sec y Bro't down the follow 
ins;- written message from his Ex y y e Governour, viz. 

Province of) To the members convened to sft in General Assembly in 
X. Hamp r Jvertue of the 

King's writ : 

Gentlemen — That no further impediment may be Given y e Publick Con- 
cerns of the Province, I think it necessary to appraise you that whenever 
you Resolve to proceed to the choice of a Speaker in conformity to my 
repeated Commands which hitherto you have Refused to complj' with, I 
shall expect previous to such choice to be acquainted with your Resolu- 
tion thereon, that I may have an opportunity to adjourn or Prorogue the 
General Assembly in order to assemble six members called by the same 
authority that you were & in all Respects equally Qualified with your selves 
to vote in said choice, which members you have hitherto Refused cither 
to sit or vote tho' in Direct opposition to his Majesty's commands to me, 
iK; gracious Intentions to the People they Represent. 

The two points now in Controversy, Unfortunate for the Gentlemen 
that led you into y e Dispute by calling them the Priviledgcs of y e People, 
are Prerogatives of the highest order, and too delicate in their nature for 
me to dispense with ; therefore you must excuse me, when I tell you they 
are and must be sacred to me. 

B. Westworth. 
Councill Chamber in 
Portsmouth. Nov' 1".>. 1741). 

[p. 175.] Mr. Sec- V came into the House and by his Ex vs Direc- 
tion adjourn'd y° Gen 1 Ass™ to Tuesday next at ten o'clock in y 1 ' 
forenoon. 



1741).] JOURNAL OF THE HOUSE. 113 

Tuesday Dec r 5th 1749. 
Met and adjourn'd, [again and again, till] 

Thursday Dec 1 " 7, 1749. x. m. 
Met according to adjournm* — 

Voted, That the following message be sent his Ex y y c Gover 
nour. 

May it please your Excellency 

Your message of the 29 of last month was bro't us by Mr. Secretary on 
Saturday last just before we were adjourn'd. To which we Reply that 
when we Resolve to choose another Speaker we will then take under con- 
sideration the propriety of giving your Excellency previous notice there- 
of, as by your message you Expect, but with that we are determin'd 
not to proceed to another choice as we have Repeatedly told your Exy till 
you shew us your power to Negative or Disallow that which we have al- 
ready made. As to y e two points in Controversy which your Exy says 
are unfortunate for y e Gentleman or Gentlemen that led us into y e Dis- 
pute, we say that we know of no other leader than your self, and how 
unfortunate it may be to you time doubtless will Discover. As your Ex v 
began the Dispute so it is with you to end it if you please either by a Re- 
traction or shewing your Authority. 

[p. 176.] We have indeed seen a copy of a piece of an Instruction Re- 
lating to calling members from new places, which was lent us, But as it ap- 
pear'd maim'd and not y e whole & came in such a manner too, and besides as 
your Exy had exceeded the powers therein given you. we could not think 
it wise or safe to Act thereon till his Majesties pleasure should be farther 
known. But as to the Negativing or Disapproving the choice of a Speak- 
er we have not had a Glimpse of Evidence to prove your Authority in 
that case, neither from your Exy nor any other way. 

Your Ex>" says the points in controversy are Prerogatives of the highest 
order & Delicate in their nature : What if they are ? Does y e height or 
Delicacy of them prove that his Majesty has vested you with a power to 
Exercise them which is what your Ex v has to do if you would do airy 
thing to purpose in Regard to us. 

Sent up by Tho s Millet & Meshech Weare Esqrs. 

Mr. Sec y came into y e House and said he was Directed by his 
Ex y to acquaint us that he had Prorogued the Gen 1 Ass m to Wed- 
nesday y e third day of Jan y next at ten o'clock in y e forenoon, and 
then in his Majesty's name Declared it Prorogued accordingly. 



Wednesday Jan y 3 d 1749. 
A number of the members met according to Prorogation. 
Mr. Sec y by his Ex ys Direction adjourn'd y e Gen 1 Ass ra till to 
morrow ten o'clock. 



114 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Thursday, Jan* 4, 1749— a. si. 

[p. 177.] Met [and adjouried, till] 

Fryday, Jan y 5, 1749, p. m. 

Met according to adjournment. Mr. Sec y came into the House 
and said, " I am directed by his Ex y to acquaint you that he has 
"Prorogued the Gen 1 Ass" 1 of this Province to Wednesday the 
"seventh day of Feb y next at ten o'clock, and accordingly in his 
"Majesty's name you are Prorogued." 



Wednesday, Feb y 7, 1749— 
A number of y e members met according to Prorogation. Mr. 
Sec y by his Ex vs Direction adjourn 'd y e Gen 1 Ass m till tomorrow 
ten o'clock. 



Thursday, Feb y 8, 1749. a. m. 
Met according to adjournment, [and without doing any business 
[p. 178] were adjourned from day to day, till] 

Fryday, Feb y 16, 1749, p. m. 
[p. 179.] Mr. Sec y came into the House & by his Ex ys Direc- 
tion Progued the Gen 1 Ass m to Wednesday the 14 th Day of March 
next. 



Before the meeting of the Ass m on the fourteenth of March the 
members were In form'd by Letter from the Sec y that theGen l Ass m 
was to be further Prorogued to the twenty first day of March. 



[p. 180.] Wednesday March 21 st 1749. 

The members met according to the Letters sent them. 
Mr. Sec y came into the House and by his Ex- Vs Direction ad- 
jour 



n'd the Gen 1 Ass m till to morrow 1 2 o'clock. 



Thursday, March 22, 1749. Met according to 
adjournal*. 

Mr. Sec y Bro't Down a written message from his Fx y which is 
on file, (a) 



1750.] JOURNAL OF THE HOUSE. 115 

(a) Journ. Coun. & Assem. March 22, 1749. His Excellency sent by the 
Secy to the returnd members a written message of this Days elate setting 
forth that their behaviour had made it necessary for him to keep them un- 
der short adjournments & Prorogations for more than a year Past in order 
to have a due obedience Paid to. his Majesties commands and that he 
hoped they would in the present Assemblance think it both their duty & 
Interest to comply therewith and mentioned the Massachusetts Petition 
to his Majesty for a reimbursement of their charg in garrisoning fort 
Duinmer, &c. 

Mr. Sec y came into the House and by his Ex ys Direction ad- 
journal y e Gen 1 Ass m to three o'clock. 

P.M. [Met and were adjournd till] 

Saturday, March 24 th 1749. Met according to 
adjoumm*. 

Voted, that the following message be sent his Ex y the Gov- 
ern our. 

May it please your Excellency 

In answer to your message of the 22 d Inst, we take leave to say that 
your Excellencys keeping us under Short Prorogations & Adjournments is 
not with propriety chargable to us nor ever would there have been any 
[p. 181] such short adjournments & Prorogations as we conceive, had 
your Excellency laid before us the full of his Majesty's Instructions Re- 
lating to the matter in controversy when we were first Assembled; and it 
was your Excellency's not doing that which was the whole foundation of 
the controversy as it now stands touching the admission of the Persons, 
from the new Places; and the same were not only kept from us at our first, 
convening But we were kept intirely Ignorant thereof 'till Mr. Blanchard 
bro't a part of one into the House which was thirty-five days after our first 
meeting: But waving many things which might be said touching your 
Excellencys part in the controversy & in Justification* of ourselves, and to* 
speak once more full to the point in a few words — If you will show us 
your Power we will shew you our compliance. If vou will lay before us. 
the whole of his Majestys Instruction Relating to this affair we will soon 
convince your Ex^ of our Readiness to Do what appears to be our Duty. 
If your Exy is Resolved not to shew us the whole of the Instruction the 
Dispute must Remain as it is 'till his Majesty shall be pleas'd to order 
them to us in some other way, or till his Majesty's Pleasure is further 
known. Here let us add that the Dispute is not neither has it been 
whether we will obey his Majesty's Instruction, nor can it be as we do 
not know it, But whether your Ex^ will make it known to us or not — this 
is the Point in controversy Between us. 

Before the foregoing message was sent Mr. See 7 came into the 
House & by his Ex ys Direction adjourn'd the Gen 1 Ass m till Tues- 
day next twelve o'clock. 



Tuesday March 27, 1750. 
A number of the members met according to adjournm*, [and 
without doing any business adjourn'd from time to time,] till 

[p. 182, 183.] Saturday 5 of May 1750. 

Met according to adjournment. Mr. Sec y came into the House 



116 PROVINCE OF NEW-HAMPSHIRE. [1750. 

and said he was directed by his Ex 7 to acquaint us That lie was 
hoping in consideration of the Paragrafs of a Letter from the 
Bight Hon ble the Lords Commissioners for trade and Plantation of 
the 14 th of Dem br last which the Sec* Delivered to Maj r Davis to 
c/unmunicate to the members That they would have admitted the 
new members and proceeded to the choice of another Speaker, 
and if we Desired any further time to consider of that matter he 
would be glad to know it. Otherwise he had orders to Prorogue — 
The members present viz. Richard Waldron Esq. James Clark 
^on Esq. Eleazer Russell Esq. Mr. Henry Sherburne Jun r Maj r 
Tho s Davis, Meshech Weare Esq. Mr. John Knight, Capt Jonathan 
Thompson, sent the following message which was Delivered Orally, 
viz. 

May it please your Excellency, 

In answer to your oral Message of this Day by Mr. Sec* v we Reply that 
whenever your Excellency shall be pleased to Lay before us his Majesty's 
additional Instruction with the Letter Referred to in said message from 
the Right Hon !)le Lords Commissioners for Trade and Plantation ive shall 
immediately take the same under consideration and with the utmost cheer- 
fulness pay the Readiest Obedience to what appears to be his Majestys 
.pleasure in the matters in controversy. 

[p. 184.] Mr. Sec y came into the House and by his Ex- Vs Direc- 
tion Prorogued the Gen 1 Ass m to the third Wednesday being the 
twentieth day of June next. 



Wednesday June y e 20, 1750. A number of the members met 
according to Prorogation and by adjournment met again 



Thursday, June 21, 1750. r. m. 

The Sec y Bro't Down the following written Message from his 
Ex>\ viz. 

To the members called by the Kings Writ to sit in General Assembly. 

Gentlemen — 

Upon my meeting you on this Prorogation 1 am in expectation that you 
will comply with my former messages in proceeding to the choice of a 
Speaker, and in sending in for the new members duly Qualified and called 
by the Kings Writ to have a voice iu the Election which will be agreeable 
to his Majesty's commands to me in support of their Election. 
Councill Chamber B. Wentworth. 

Portsmouth 21 st June 1750. 

Jr. 135.] Mr. Sec* came into the House and by his Ex ys Direc 



1750.] JOURNAL OF THE HOUSE. 117 

[p. 186.] tion adjourn'd the Gen 1 Ass m till tomorrow ten o'clock, 
[and so from time to time, without doing any business,] till 

[p. 187.] Thursday 27 Sep 1 1750, a. m. 

Met according to adjournment. 

Voted that the following Message be immediately sent to his 
Excellency the Governor. 

May it please your Excellency 

As the Province was without an Assembly seven months before this was 
convened (tho' part of that space was a time of war) and it is now almost 
one and twenty months since we were first called together, During which 
whole time of two years and four months not one single Act or vote has 
pass'd thro' the Legislature occasional by obstructions from your Excel- 
lency by which y e Province is Bro't under almost insuperable Difficulties : 

We therefore once more Implore your Excellency to permit us to pro*- 
ceed to Business, that we may as far as to us appertains and in us lies Ex- 
tricate the Government out of that Labyrinth of Distresses in which it is 
Involved. 

But if it is not Eno' that your Excellency has Exercised your Governing 
Power in the maimer as in years past And the Time of healing our Publick 
[p. 188.] maladys is not yet come, at least for mercy's sake aud in com- 
passion to our poor Naked Brethren in the frontiers we earnestly Beseech 
your Excellency to allow us to do what is our Duty for the Relief of as 
many of them as we can, for by the accounts we have from all Quarters 
they are in great Danger of the Indians, and perhaps greater than if an 
open war was declar'd. 

Before the foregoing message was sent' up, Mr. Sec y came into 
the House and by his Ex yB Direction adjourned the Gen 1 Ass m to 
three o'clock. 

Thursday 27 Sep 1 1750 p m, met according to adjournment. 

The message which was voted in the forenoon was sent up this 
afternoon by Mr. Weare & Mr. Hall, and the Governour not being 
at the Council! Chamber the message was lett with the Secretary. 

Mr. Sec y came into the House and by his Ex- Vs Direction ad- 
journ'd the Gen 1 Ass m till to morrow Eleven o'clock. 



Fry day 28 Sep* 1750 a. m. Met according to adjournment. Mr. 
Sec y Bro't Down a written message from his Excellency which is 
on file. 

Governor's Message. 

[Copied from MS. Gov rs Messages in SecJ s office, vol. ii. pp. 71-73.] 

Province of ) 

New Hampshire 5 

To the members conven'd by the King's Writ to sit in 
General Assembly. 
Gentlemen 

On the 21 st of June last my message was deliver'd you by the Secretary 



118 PKOVINCE OF NEW-HAMPSHIRE. [1750. 

which to this day you have not tho't proper to take the lest Notice of, 
how consistant such a behaviour is, with Gentlemen in your situation, I 
think is worthy your consideration. 

By your message of yesterday's date, had it been the first of that tenor 
that came from you, I might have been induced to believe you were in 
earnest, wherein you are pleased to Implore me to permit you to proceed 
upon business, & beseech for mercy's sake to allow you to do what is your 
duty for the relief of the frontiers; but when I consider that upon every 
Prorogation & adjournment for the space of near twenty one months, you 
have had these opportunities oft'er'd you & put into your hands and with- 
out the lest interruption from me, unless you mean by obstructions, that 
I have in faithfulness to my Roj'al master endeavor'd to support his au- 
thority & commands against the attempts you have made upon both, & 
when I consider tbat actions are clearer & stronger Evidences to judge 
by, than words which may be calculated only to deceive & misguide, such 
as have neither time or opportunity to inquire after truth, you must per- 
mit me to suspend my belief, until there is a more exact correspondence 
between them. 

The unhappy posture You have put the Public concerns in calls upon 
you for a speedy restoration thereof, &it is in your power only to effect it, 
lest by a longer continuance in your disobedience, 3*011 fall under his Ma- 
jestys highest displeasure, which from a paragraph of the W Hon' )le the 
Lords Commissioners for Trade & Plantations letter to me in the follow- 
ing words you have great reason to fear. 

" The Refusal of the Assembly to admit the members of the new Towns 
-'directed to be chosen by his Majesty's Instruction to you, which was 
•'found Expedient, after the most solemn & mature deliberation, and the 
"opinion of his Majestys Attorney & Solicitor General had thereupon, is 
"so notorious and unjustifiable an Act of disobedience, that we lost no 
"time in transmitting the same to his Grace the Duke of Bedford, to be 
"forthwith laid before his Majesty for his Directions thereupon." 

Prom the Imminent danger you are in of Increasing his Majestys Dis- 
pleasure by your past disobedience, from the war we are threatened Avith 
which calls for more than the aid of the whole Legislature in conjunction, 
I hope you will think it not only your Duty, but your highest Interest to 
take off the mask & openly declare that his Majesty has been graciously 
pleased to enlarge tin; Priviledges of the People in away most consistant 
With his Royal wisdom, — which is an incontestible fact, — declare also 
that by your behaviour the honest and unwary people have been perswad- 
ed to believe that the King was robing them of their priviledges; That 
the Troops employed for the defence of the frontiers in the late war & the 
people that subsisted them, have been kept out of their just dues; lay 
aside all prejudices, enter cheerfully on the public business, consult the 
good of the people you represent, seek the peace of the Government & 
pursue it, then you can meet with no obstructions from me, but on the 
contrary you will find me ready to concur with every act of Government 
that is consistant for me to assent to, & when there is a perfect harmony 
subsisting in the Government, we may have reason to hope for & Expect 
the smiles of Heaven on our honest endeavors for the public weal. 

B. Wentworth. 
Council Chamber in 
Portsmouth, Sep 1 28, L750. 

Mr. Sec y by his Ex ys Direction adjourn'd y e Gen 1 Ass" 1 to three 
o'clock. 

Fryday, Sept. 28, I7o0. p. rl 
Mel according to adjournment. Mr. Sec y came into the House 



1750.] JOURNAL OF THE HOUSE. 119 

and said lie was Directed by his Ex y to acquaint us that we might 
set next week and longer if we desired more time. 

Mr. Sec y came into the House and by his Ex ys Direction ad 
journed the Gen 1 Ass m till tomorrow ten o'clock. 






[p. 189.] Saturday 29 Sep* 1750. 

Met according to adjournment. 

Mr. Sec y came into the House and said he was Directed by his 
Ex y to Enquire whether we had any thing to send up this forenoon. 

Letter from the Ciorernor to Secy. Atkinson 

Little Harbour, 29 t[l Sept. 1759, 
Sir— 

If my message delivered the members yesterday obtains any answer or 
there is a probability of their entering- on business, then you are to ad- 
journ the General Assembly 'till Monday next at ten, a. m. If there is not 
the above prospect, then adjourn the Gen 1 Assembly to Wednesday 24 th 
Oct r at 10 a. m. previous to which adjournment you are to Inquire if they 
have any thing to send up. I am, 

Sr. Your Hum 1 ' Ser\ rt 
Col. Atkinson. 

[Copied from MS Messages B. Wentworth. 

Vol. II. p. 77.]— En. 

Voted that the following message be sent to his Ex y the Gov- 
ern our. 

May it Please your Excellency 

As your Excellency's written message of yesterday Requires more time 
for a full answer than this day affords we suspend a Keply at present But 
will get one Ready as soon as we can and send it the first opportunity af- 
ter it is prepared. 

As to your Excellency's oral message of yesterday we Reply — If your 
Excellency will permit us to proceed to Business we shall be glad to have 
the Session prolonged, But to be kept sitting and kept from acting we 
have no Desire. 

Mr Sec y came into the House and by his Ex ys Direction ad- 
journed the Gen 1 Ass m to Monday next ten o'clock in the forenoon. 



Monday 1 st Oct r 1750. Met according to adjournment — [and 
adjourned from time to time,] till 

Wednesday 3 d Octob r 1750 a. m. 
[p. 190.] Voted, That the following message be sent to his Ex 7 
the Governor in answer to his Message of the 28 of September. 



120 



PROVINCE OF NEW-HAMPSHIRE. [1750. 



May it Please your Excellency, 

What jour Excellency charges us with in the very first Paragraph is a 
mistake, viz, That we had not taken the least notice of your message of 
the 21 of June, Whereas we Keceiv'd it, Read it, Entered it in our Jour- 
nals and consider'd it; and if that was not taking notice of it we know 
not what is. 

Indeed we did not make an answer; and the Reason was because it was 
only a short Repetition of what your Ex> r had sundry times said before, 
and we as often Reply'd to. 

In the next Paragraph your Ex- V says, had our message of the 27 of 
September been the first of that tenor you might have been induced to be- 
lieve it was in Earnest : It is true indeed it was a Message of the old Tenor 
But Ave assure you it was no counterfeit nor sent your Ex>' to Jest : and 
if while j-our Ex> is making our Importunate Request in behalf of his 
Majestys Exposed Defenceless subjects in the frontiers only a jesting 
matter any of them should be slain, Captivated or their substance De- 
stroyed by the Indians, would it not give you occasion for very sorrow- 
full Reflections? for the more Effectual prevention of which we once 
more Renew our Request in their behalf and assure your Ex- V that if you 
[p. 101] will permit us to act we will soon convince you of our being in 
Earnest by granting the necessary succours according to our ability and • 
in doing every other thing that an Assembly ought to do. 

Is it possible for your Ex- V to imagine that your telling us you did not 
believe we were in earnest, that words may be Calculated to deceive, that 
you must suspend your belief, and your advising us to take off the mask, 
will pass for Reasoning with Reasonable men, or be Deem'd a suitable Re- 
ply to a serious request on so important an occasion, or that it can appear in 
any other light than an evasive answer to what we had so pressiugly asked 
in favor of the Exposed frontiers. If we had a Disposition to Reply in 
the way your Ex>' has taught us, and if it could have a tendency to Guard 
against the Indians, or to End the Dispute between your Ex? & us, might 
we not Justly Retort some of your own Expressions. But we forbear — 
Choosing rather to apply Balsamicks than return your Corrosives. 

If yourEx- v did not Really believe that we were in Earnest would it not 
have been a wise and Effectual way to have try'd us, and if we had fail'd 
in Granting succours for the frontiers Ave might justly have been charged 
With a Repugnancy between our words and actions. 

Your Ex- V says that upon every Prorogation and adjournment for the 
space of or near twenty one months we have had opportunities ofl'ered to 
proceed upon business, and do our duty for the Relief of the frontiers : 
to the first part we have fully Reply'd in several former messages : to the 
Latter we Reply now, that with Respect to the frontiers it is impossible 
in the nature of things, for it is but about a month since the Indians first 
violated the Peace, till which time the frontiers wanted no Relief, and 
there has been no Session of the Assembly since, 'till the present which 
shows this to be another mistake. 

Your Ex v says you must suspend your belief of our being in earnest 
'till there is a more exact correspondence betAveen our words and actions : 
To which Ave Reply, that where no actions are there can be no corres- 
pondence between words and actions, and in the supposed case there 
have been no actions, your Ex? having Refused to permit us to act, so 
that Ave cannot Discern the correspondence between What your Ex- V says 
[p. 192] ami what you mean, wherefore Ave suspend saying further upon 
it till we can make a further Discovery. 

As to the Paragraph of a Letter inserted in your Ex- V message, if you'l 
please to give us the Whole of it we'l take it under consideration, and 
make an answer to it and send to the Right Honorable the Lords of trade 
without Delay. Hut this proposal perhaps may not suit your Ex>. 

What we And in a copy of your Ex. vs commission being properly apply'd 






1750] JOURNAL OF THE HOUSE. 121 

to the Dispute between your Exy & us will serve for a full answer to any- 
thing else in your message not particularly reply'cl to, and to all your 
messages if there had never been any answers given to them before, and 
in our opinion ought to put a final Issue to the controversy : The words 
we refer to are as follow : 

"And we do hereby Require and Command you to do & Execute all 
•'things in due manner that shall belong to your said command and the 
"trust we have reposed in you, according unto the several Powers and 
•'Directions granted or appointed you by this present Commission and 
•'the Instructions & authorities herewith given you, or by such Powers, 
"Instructions and Authorities as shall at any time hereafter be granted 
"or appointed you under our Signet & Sign manual, or by our Order in 
"Privey Council, and according to such Reasonable Laws and Statutes as 
"now are in force or hereafter shall be made &c." 

From the foregoing words it appears manifestly to us that your ExJ r has 
no Power as a Governour but what was Granted & appointed you by your 
Commission, or by the Instructions you Received with it, or afterward, 
or by such Laws as have been made since. Now 

May it please your Excellency — 

Whatsoever power you see meet to exercise that is Granted and ap- 
pointed you by your Commission or Instructions or the Laws as above- 
mentioned, we are ready to pay the utmost obedience to, and whatsoever 
power your Exy attempts to Exercise which is not granted &, appointed 
you in your Commission, nor Instruction nor the Laws aforesaid, we look 
upon as arbitrary & despotic and are equally determined to yield no obe- 
dience to it, nor have we the Least apprehension of his Majesty's Dis- 
[p. 193] pleasure Notwithstanding your menaces, unless it should be bro't 
upon us by undue and untrue Representation against us. 

But to apply the above Recited Paragraph of your Ex>' s Commission 
more perticularly to the Points in Dispute we say, If your Exy has a Power 
to Negative the choice of a Speaker by your Commission, Instructions 
or the Law, how easy is it for you to shew it to us, and if you have and 
will please to do so, it will put an End to that part of the controversy at 
once, and how kind it would be to the Province in general to shew us this 
Power of Negativing if you can, and if not how Honourable it would be 
to your self as well as just to yield a Point you can't maintain. 

Again, if Your Exy will shew us any Power that you have by your Com- 
mission, Instructions or the Law to augment the number of Representa- 
tives, we will immediately pay a Ready obedience to it, and more Espec- 
ially if your Exy will lay before us an attested copy of his Majesty's whole 
additional Instruction of the 30 th of June, 1748, with such other' Instruc- 
tions as your Exy may have (if there be any other) Respecting the calling 
of members from new Places to sit in Gen 1 Ass™ or the Qualifications of 
Places to send members that we may know the whole of his Majesty's 
Pleasure and his appointment and directions in this matter we will Di- 
rectly on having the same (which you have hitherto denied us) admit s© 
many of Persons called from the new Places as are comprehended in the 
said Instruction or instructions, Provided their Election was agreeable to 
Law. 

And that we should know what his Majesty's Pleasure & Directions in 
this matter are, before we are required to obey the same, is so plain & Rea- 
sonable that to use arguments to prove it would be like proving first prin- 
ciples, and it is what his Majesty has requird of your Exy in that part of 
the said additional Instruction which we have seen in the following words : 
"And that you do likewise signify his Majesty's Pleasure herein to the 
members of said General Assembly." 

[p. 194. ] Does your Exy then do us justice in Representing us as mak- 



122 PKOVIXCE OF NEW-HAMPSHIRE. [1750. 

ing attempts against his Majesty's Authority & Commands and perswading 
People to believe that the King was robing them of their Triviledges, and 
many other things of the like sort which appear in your Ex3' s messages. 

AVe assure your Ex>' that with the greatest freedom & cheerfulness we 
submit it to his Majesty's Determination where the Disobedience to his 
Majesty's authority & commands lies; and we also freely leave it to the 
consideration of every considerate unprejudiced person where the fault 
lies that the Provincial affairs are in such a Deplorable situation as at 
present. 

The foregoing message was sent up by Mr. Sherburne, Mr. Mil- 
let and Capt. Ilall. 

Mr. Sec 7 came into the House and by his Ex ys Direction ad- 
journed the Gen 1 Ass" 1 to three o'clock afternoon. 

Wednesday 3 d Oct. 1750, p. m. 

Met according to adjournment. Mr. Sec 7 came into the House 
and by his Exc ys Direction adjourned the Gen 1 Ass m till to morrow 
ten o'clock. 

Thursday 4 th Oct r . 1750, a. m. 

Met according to adjournment. Mr. Sec y bro't down a written 
message from Ins Ex y — which is on file. 

Governor s Message. 

[Copied from MS. 6ov ra Messages, Vol. II. p. 81.] 

Province of } To the members return'd to serve in General Assem- 

Xew Hampshire. Jbly, by virtue of the Kings Writ, 

I tho't it for his Majesty's service to keep the General Assembly sitting, 
from the 28 lh of Sept. until I received an answer to my message of that 
■date &on the o (l of October at one o'clock it was sent to the chair crouded 
with indecent and unparliamentary Language agreeable to most of the 
members perhaps that understood it. and pass't it, nemine contradicente, 
but as your unbecoming behaviour can't affect me, so it must oppcrate 
against you & perhaps greatly to the prejudice oi' the people you repre- 
sent, — when the whole of your conduct appears in another place; I shall 
therefore take no further notice thereof, but confine myself to what I es- 
teem most essential to his Majesties service. 

You have refused for near twenty one months past, to proceed to the 
choice of a new Speaker & have deny'd the new members called by the 
King's writ to sit in General Assembly, a seat and vote in the House, be- 
fore you were qualified to sit & vote thereon yourselves, alleging that the 
King's Governor had not a Tower vested in him to negative a Speaker, 
challenging him to show his power if any such he had, & then you would 
submit to it, You have been told by me that the farmer was a prerogative 
too delicate in its nature forme to dispense with & the latter agreeable to 
his Majesty's instructions Therefore upon every Prorogation & adjourn- 
ment Since Feb? 1748 have you not had it in your Power to call in the 
new members, to proceed to the choice of another Speaker, & to put au 
end to the deplorable posture of our public affairs, without the least in- 
terruption Prom me. 

The King's Commission & Instructions are what will support me in neg- 



1750.] JOURNAL OF THE HOUSE. 123 

ativing the Speaker you made choice of, and the paragraph you have re- 
cited in my Commission is in point against you on that head, if you will 
read it over with upright intentions, & unprejudiced eyes you must own 
that I have full authority vested in me in support & defence of the Royal 
Prerogative & consequently power to negative a Speaker, & command you 
to proceed to the choice of a new one, which command it was incumbent 
on you to obey, you being by the two following Paragraphs in his Majes- 
ty's Commission commanded & required to do it. 

1. "And to do and Execute all & every thing & things which to our 
"Governor & Commander in chief doth or ought of right to belong. 

2. "And We do hereby require & Command all officers and ministers' 
"civil & military, & all other inhabitants of our said Province to be obe- 
"dient aiding and assisting unto you the said Benning- Wentworth in 
"the Execution of this our Commission & of the powers and authoritys 
"herein contain'd." 

Here by your disobedience you find» another instance wherein you have 
been instrumental in bringing the Province into such a deplorable condi- 
tion, & without any interuptiou from me as you would suggest. 

I have read over my letter from the Rt. Hon ble the Lords Commissioners 
for Trade .& Plantations, from which I gave you a Paragraph, & it was 
purely in compassion to the good people of the Province that I tho't it 
necessary, but I can't find that it was their Lordships intention that the 
whole or any part thereof, should be laid before the Assembly for their 
consideration, more especially before only a part of the members called 
by the King's writ, who in their present situation are disqualified from 
taking it under consideration until his Majesty's commands & Instructions 
are fully obey'd. 

In & about the month of FebJ" 1748 as soon as I was recover'd from the 
dangerous Pleurisy I was under the Secretary authenticated that part of 
his Majesty's Additional Instruction given at Whitehall June 30 th 1748, 
which related to or any ways concern'd the Assembly : Coll. Blan chard & 
Mr. Packer received it from my hands with directions to read it to the 
members present, in support of the Election of the new members, & to 
prevent dispute, and leave it with them if required; it was accordingly 
read in the House and left with you, but upon your refusing, Mr. Blanch- 
ard, Mr. Packer, the member from Southampton & Rumforcl a seat in the 
House, who were all then attending, Coll Blanchard return'd home and 
had my leave to withdraw the above said copy for the satisfaction of the 
People he represented, previous to which I was well inform'd that a copy 
was taken thereof by some of the members present, and I was soon con- 
firm'd in it, by seeing the Instruction printed as Hampton News in the 
Post boy, so that it plainly appears that instead of denying you a copy of 
his Majesty's additional Instruction as you would suggest, I took early 
care that it should be communicated to you in the fullest & most direct 
way, even by your own members, which I chose rather to Employ to con- 
vey his Majesty's pleasure to you, than by signifying it by a message by 
the Secretary, which is what would have sufficiently justifyed me to his 
Majesty & ail that was intended by the word signify. 

I know of no Instructions that the King has commanded to lay before, 
you, more than has been laid before former Assemblys as occasions of- 
fered, there are many which I am to communicate to his Majesty's coun- 
cil ; because their advice and consent is necessary therein, but I don't find 
in the whole body of the Royal Iastructions, that I am commanded to ad- 
vise & consult with the Assembly, or lay any Instruction before them for 
their consideration, but for their complyance only therewith. 

You would appear to be dutifull & Loyal subjects, you profess to_ be 
friends to your country, but unless you demonstrate .your loyalty by im- 
mediate obedience & your zeal and love to your country by relieving it 
from the distresses you have bro't upon it, how can any honest, upright 
Spectators give the least credit to your professions. 



124 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Be persuaded therefore to retrieve the honour * * * *(l) house 
of Representatives, which you have * * to the lowest ebb, be prevailed 
upon to act worthy of the station you are called to sustain & to become 
a separate branch of the Legislature according to the King's pleasure, 
when you will be released from my command, which seems at present so 
grievous, nothing less will demonstrate to the world nor to me the assur- 
ances you have given in your Extraordinary Messages & nothing less will 
remove you from the situation you are in until his Majesty's pleasure is 
fully known. 

Council Chamber B. Wentwokth. 

in Portsmo. Oct 1- -P 1 ' 1750. 

Wednesday 3 d Oct r . 1750 i\ si. 

Met according to adjournment — [and then by adjournment and 
prorogotion, from time to time, met again] 

Thursday, Novem ,,r 8, 1750, a. m. 

[i\ 195.] Mr. 8ec y bro't down a written message from his Ex y T 
which is as follows, viz. 



'.Jo. 



New II amp 1 '. ) Gen 1 Ass" 1 . 

Geritlemen — By and with y e advice of his Majesty's Council I have kept 
you under short Prorogations & adjournments great part of y e time since 
January 1748 in Expectation that sooner or Later you might Return to 
your duty & Obedience by paying a due Regard to his Majesty's commands 
signified to you by his Governour in proceeding to the choice of a New 
Speaker in conjunction with the new members — with these views I have 
and shall keep you under short adjournments & Prorogations untill you 
think it your Duty & Interest to comply therewith or his Majesty's Pleas- 
ure be further known concerning your past conduct. 

B. Wkxtwortii. 
Councill Chamber in 
Portsmouth, November 7 ,h 1750. 

[i\ 196.] Mr. Sec y by his Ex ys Direction adjourned the Gen 1 
Ass" 1 to three o'clock. 

P. M. Met according to adjournment [and without doing any 
business, met and adjourned from time to time till] 

[p. 201.] Thursday, 27 June 1751, a. m. (2) 

Mr. See* came into Ihe House and said that his Ex' had Direct- 
ed him to Inform the House that he was still waiting on the De- 
liberations of the House, Expecting they would proceed to the 
choice of a Speaker in conjunction with the new members; — and 
afterward he came and by his Ex yB Direction, adjourn'd the Gen 1 
Ass" 1 to three o'clock. 

(1) Several words effaced in the original.— Ed. 

(2) In the tnte* Cm. — i. e. between Nov. 8, 17. r >0, and June 27, 1751, there were thirty-six. 
meetings and adjournments of the House, without doing any business.— Ed. 



1750.] JOURNAL OF THE HOUSE. 125 

Thursday 27 th June 1751, p. m.| 

Met according to adjournment. Mr. Sec 7 by his Ex ys Direction 
adjourn'd y e Gen 1 Ass m till to morrow ten o'clock. 



Fry day, 28 th Juue 1751, a. m. 

Met according to adjournment [and so met and were adjourned 
[p. p. 202-5] from time to time,] till 

Saturday 4 th Jan 7 1752. (1) 

Met according to adjournment. Mr. Sec y and John Downing 
Esq. came into the House and Mr. Sec y said lie was Directed by 
his Ex y to deliver a message to the House and then Read a long 
message from his Ex y the Governour to the House (a) and after 
he had read the Message he said I am, 

"Directed by his Excellency to acquaint you that he has Dis- 
" solved the General Assembly of this Province, and accordingly 
"in his Majesty's Name you are Dissolved." 

(a) This message of the Governor cannot be found : But the Journal of 
Coun. and Assemb. Jan>" 4 th 1752, says, "His Excellency sent Col. Down- 
ing & Sec> to the House with a written message — taking notice of several 
Paragraphs of President Cutts Commission in relation [to] the first au- 
thority for calling Assembly s and mentioned the Assembly s three years 
dispute aga st the Kings Commands — setting forth that those Disputes 
were the cause of many injuries as the shutting up of the Eecords, the 
loss of Excise, the loss of the Interest that might have been gained by 
the money in England, the soldiers that defended the frontiers the last 
year of the war remaining unpaid, &c. &c. which was read in the House 
the members Present." 

(b) Jour. Coun. & Assem. June 27, 1751. His Excellency sent the Sec- 
retary to the members of Assembly, with the following Mess a , viz. That 
he was waiting upon them to proceed to the choice of a Speaker in con- 
junction with all the new members called in by the Kings writ. 



Coronovs Inquest. 
[Copied from MS. Corr. vol. n, p. 5o~] 
Prov. of ) 

New Hamp. 5 These may certify whom it may concern that Mr. John 
Shackford one of the Coronors for said Province bro't in to his Majesty's 
Court of General Sessions for the Peace, holden at Portsm In & for said 
Province in December Sessions 1750, an Inquisition on the Dead Body of 
Mehitable Higgins and also two other Inquisitions of two Dead Bodies, 
Thomas Manuel Bangs 30 th day of June 1751, the other the 11 th Day of 
July follows on the Dead Body of Richard Major found Drowned in this 
Town of Portsm afores d . 
Ordered by the Court that the Clerk Certify it and give an order on the 

(1) In the interim — The House met and were adjourned thirty-seven times.— Ed. 



126 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Treasurer of the Province for the time being for the charge and to pay the 
money to the Coroner afors d , there being no Estate to be found to pay- 
said charges. The charge is as follows, viz. 

Mehitable Iliggins — charge £2 : 14 : 8 

Thomas Manuel Bangs, Do. 2:14:8 

Richard Major— Do. 2 : 14 : 8 



New Tenor £8 : 4:0. 
A true Copy — Attest. W. Wentworth, Cler. 

Indorsed — "Mr. Jn° Shackford's order on the Treasurer for £8:4. for 
three Dead Bodies found Dead in Portsm ." [No date] 



[p. 215.] Anno Regni Regis Georgii Secundi Magnae- 
Brattaniae, Franciae Hibernae Vicesimo Sexto Annoqiie 
Domino 1752. 

A JOURNAL OF THE HOUSE OF REPRESENTATIVES. 

At a General Assembly of his Majesty's Province of New 
Hampshire began and held at Portsmouth in said Province on the 
second Tuesday in September, being the ninteenth (1) day of said 
month, 1752, in the twenty. sixth year of his Majesty's Reign. 

Tuesday, September 19 th 1852. 
[From Journal of Council and Assembly.] 
Province of New Hamp r . New Assembly. 

At a Council & General Assembly, called by the Kings Precept on the 
second Tuesday in September being (according to Act of Parliament for 
altering the stile) the 10 th Day of the s d month, 1752. 

Present in Council 
The Hon ble Henry Sherburne ^ Rich d Wibird ^ r 

Theodore Atkinson VEsqs. John Downing > SfSl'J? 
Ellis Huske ) Sampson Sheaffe 



Council. 



The Sheriff made return on the Kings Precept for Electing members, 
of the General Assembly, viz. That he had Issued Precepts to the sev- 
eral Towns & Precincts named in the said Writt, and the Persons re- 
turned are as follows : 

C Matthew Livermore Esq. 
Portsmouth 2 Eleaz r Russell Esq. 

( Mr. Henry Sherburne, jun. 

C Thomas Millet 
Dover < Maj r Thomas Davis 

£ Capt. John Wentworth 

Unmn . nn ( Rich d Waldron Esq. 
Hampton J DeacQn Jog philb ; ick 

Fxeter 5 CoL Peter Gilman 

Exeter £ Mr Zebulon Giddillgs 

New Castle r Capti Thomas Bell 

•n J Richard Jennes Esq. 

Kingstowa Jed h Phi lb rick 

(1) This record is according to the Xew Style which is here for the first time used 
The reformation in the calendar proposed by Tope Gregory XIII, in 1582, was adopted 
by Act of Parliament in Great Britain in 1751, by which Act 11 days in September, 1752 
were retrenched, and the third day was reckoned the fourteenth. Hence if according 
to the Old Style the second Tuesday in September was the eighth day of the month 
then according to the New Style, it would be the nineteenth.— Ed. 



128 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Hampton Falls, Mcshech Wear P^sq. 
Newington, Mr. Jno Knight jun. 
Stratham, Corn' Thomas Wiggin jun. 
Londonderry, Jno Memurphy Esq. 
Durham, Joseph Thomas 
Greenland, Clem 1 March, Esq. 
New Market, Capt. Isr 1 Gillman 
South hampton, Jno. Page Esq. 
Chester, Lieut Silvanus Smith 
Plastow & Hampstead, Lieut Tho s Hale 
Salem & Pelham, Mr. Henry Sanders 
Dunstable & Merrimack, Mr. Jon a Lovewell 
Kumford 



Thursday September y e 21 st 1752. 

[p. 216] The Hon ble Theodore Atkinson and the Hon bIe Rich- 
ard Wibird, Esqs. came into the House and said that his Excel 
lency the Governouf directed them to administer the oaths ap- 
pointed to be taken instead of the oaths of Supremacy and allegi- 
ance, and accordingly administered the said oaths to the following 
gentlemen who afterwards subscribed the said oaths and the Dec- 
laration and then they informed the members that it was Excel- 
lency's pleasure that they should Immediately proceed to the choice 
of a Speaker — and present him for his Excellency's approbation. 
Members present and sworn, (a) 

(a) Journ.Coun. & Assem. Sept. 21, 17.>2. Said oaths administered agree- 
ably to Directions to Twenty-three members returned by the Sheriff as 
Elected in the several Parishes Towns &c. to serve in General Assembly 
& which were all that was returned Except Rich d Waldron Esq, re- 
turned for the town of Hampton, & Lieut. Silvanus Smith for Chester. 

Matthew Li verm ore j 

Eleazer Russell, Esq > For Portsmouth 

Mr. IlenrvSherburne. jun ; 

Thomas Millet ) 

Maj r Tho s Davis - for Dover. 

Capt. John Went worth, 3d ) 

Deacon Joseph Philbrick — for Hampton. 

Peter Gilman, Esq ) f ^ v n ,, v 

, r rr * -i /i- it- ,- tor jiAetcr. 

Mr. Zebulun briddings \ 

Thomas Bell Esq. } for New Castle it 

Richard Jennes Esq. J Rye. 

[p. 217.] Jedidiah Philbrick, Esq. for Kingston 

Meshech Weare Esq. for Hampton-Falls 

Mr. John Knight, jun'. for Newington 

Cornet Thos. Wiggin for Stratham 

John MacMurphy Esq. for Londonderry 

Mr. Joseph Thomas for Durham 



1752.] JOURNAL OF THE HOUSE. 129 

Clem* March Esq. for Greenland 

Capt. Israel Oilman for Newmarket 

John Page, Esq for Southampton 

Lieut. Thos. Hale for Plastow & Hampstead 

Mr. Henry Sanders for Salem & Pelham 

Mr. Jonathan Lovell for Dunstable & Merrimack 

Soon after the afores d members were sworn Mr. Secretary by 
his Excellency's order adjourned the General Assembly till three 
of the clock in the afternoon. 

Post Meridiem. Met according to adjournment A motion be- 
ing made by some of the members whether the House would im- 
mediately proceed to the choice of a Speaker — It was thought 
necessary that a copy of his Excellency's Commission should be 
layd before the House. Whereupon Meshech Wear and John Mac- 
murphy Esqs. were desired to wait upon the Secretary and get a 
[p. 218.] copy of said Commission, who return'd and said he had 
it not in his office but as soon as it could be had the House should 
have it. 

About sunset the Secretary came into the House and adjourn'd 
the General Assembly by his Excellency's order (as he said) till to- 
morrow morning Ten of the clock. 



Fryday, Sept. 22 d 1752. 

Met according to adjournment, And the copy of the Govern- 
ours Commission being brought into the House it was Read, and 
then some of the members making a motion that a message be 
sent to his Excellency to enquire of him if he had any instruction 
or Instructions relating to the choosing a Speaker, and Meshech 
Wear and John Macmurphy Esqs. were desired to & accordingly 
waited upon his Excellency to make the above enquiry, who de- 
livered the message & soon afterwards Mr. Secretary came into the 
House and said his Excellency's answer Avas that he did not know 
that he had any Instruction or Instructions relating to the choice 
of a Speaker, but if they referr'd to what Places should send mem- 
bers the General Assembly had had already what related to that, 
or words to that purpose. 

[p. 219.] And then the House proceeded to bring in their votes 
for a Speaker, which being Examined it appeard that the Honor- 
able Meshech Weare Esq. was chosen Speaker of the House by a 
majority of Votes, and was accordingly conducted to the chair. 
And then Matthew Li verm ore, Thos. Millet Esqs. Mr. Henry 
Sherburne jun. Peter Gilman & Thomas Bell Esqs. were ap- 
pointed a Committee to wait on his Excellency and Inform him 
that the House had made choice of Meshech Wear Esq. to be 



130 PROVINCE OF NEW-HAMPSHIRE. [1752. 

their Speaker, which message they defiver'd and returned to the 
House & soon after Mr. Secretary, the Honorable Richard Wibird 
& John Downing Esqs. came into the House and said that his Ex- 
cellency approved of the choice of Meshech Wear Esq. for their 
Speaker and that his Excellency ordered the House of Represen- 
tatives to ^ivc their attendance at the Council Chamber. The 
House Immediately attended, and his Excellency the Governor 
read the following Speech to them. 

Gentlemen of the Council & of the Assembly 

Notwithstanding the unhappy situation of the public affairs, I have been 
prevented by the Providence of God from meeting you iu General Assem- 
[p. 220.] bly untilltbis time, and it will be the greatest difficulty uow, to 
give my attendance on the present sessions. 

I shall therefore recommend the Restoration of a happy uuion between 
the Respective Branches of the Legislature, and a due observance of the 
several Powers each branch is invested with, which must prevent all un- 
necessary controversys & Issue in the peace and prosperity of the Pro- 
vince. 

It will give me great satisfaction to meet you at a time of such difficul- 
ty, disposed sincerely and with one voice, to extricate the Government 
out of its present; and growing distresses, and unless a speedy Remedy is 
found and applied, the Posture of your public concerns will not only 
bring the Government into the deepest disgrace, but the consequence may 
be of a more dangerous nature. 
Gentlemen of the Assembly 

Upon Examining into the public funds and enquiring into the Just de- 
mands ou the Government, you will find it necessary to supply the Trea- 
sury with a sum equal to such demands; in like manner, to defray the 
growing charges of the Government, & such other contingencies as are 
not already provided for, among other things I must recommend to your 
[p. 221] consideration the condition of my house, and making an ade- 
quate grant for the arrearages due on my salary, and an alteration in the 
time of payment. 

The State of his Majesty's Fort William & Mary, where the Royal 
Bounty has placed so many valuable stores, demands your Immediate care, 
and the Honor and safety of the Government requires it. 

It should be your early care to have a Recorder chosen, and the Excise 
put under proper Regulations, and it being your province more Immedi- 
ately to make the Provision I have recommended, I shall not doubt of 
your discharging that part of duty with the utmost readiness and the 
strictest justice. 

The several sums his Majesty has been graciously pleased to Repay 
towards defraying the Expenses of the Louisbourg and Canada Expedi- 
tions will amount to about £30,000 Str. clear of all deductions & other 
charges. You will therefore look into the State of these Expeditions and 
in support of the public faith make provision for all things that were en- 
gaged to be executed in the Act for emitting the sum of £00,000 in order 
to the calling in and sinking said Emission, & I shall direct the Treasurer 
to prepare his accounts for your Inspection & Government herein. 

I have his Majesty's Additional Instruction given at Whitehall April 
[p. 222.] 16 th 1 752, with other matters and things to lay before you which 
shall be communicated by messages at proper opportunity S in the course 
of the session, & as they relate to his Majesty's service and the good of 
the Government they must merit your attention. 



1752.] JOURNAL OE THE HOUSE. 131 

Gentlemen of the Council & of the Assembly 

The Acts for altering the sitting of the Courts of Appeal & the Superior 
Court of Judicature are not to be found in the Records of the Secretary's 
office whereby many inconveniences may arise, before a copy of these 
Acts duly authenticated can be obtained from the Plantation office, I must 
therefore recommend the speedy passing of an Act for establishing the 
sitting of said Courts & every other matter relative thereto, that may be 
expedient. 

I Recommend to you unanimity and Dispatch in all your public Busi- 
ness and whatever is for his Majesty's service & the prosperity of the 
Government, you may be assured of my hearty concurrence with you in. 

B. Wentwortii. 
Council Chamber in Portsmouth, 

September the 22* 1752. 
Copied from the original speech. 

Mr. Speaker asked for a copy thereof and the original was sent 
by Mr. Secretary. Mr. Speaker and the House being returned to 
their own Room they made choice of a clerk, and Matthew Liver- 
[p. 223.] more was chosen Clerk of the House, and was sworn to* 
the faithful discharge of that office by Meshech Weare Esq. 

Voted, That the High Sheriff be directed to lay all his Precepts- 
for choosing Assembly men & the Returns thereon before this. 
House & Mr. Israel Gilman is directed to inform the Sheriff thereof. 

Voted That the Secretary be desired to lay the Kings writ for 
calling this Assembly and the Sheriff's Return thereon before this 
House and Coll. Peter Gilman is directed to Inform him thereof. 

Mr. Sheriff Packer brought in to the House his Precepts and 
the Returns thereon and delivered them to the Speaker. Coll. Gil- 
man Brought in the King's writ for calling the Assembly and the 
Sheriff's Return thereon and laid it on the Table, and then the 
King's writ & y e Return thereon and the Sheriff's Precepts & 
the Returns thereon w^ere read. 

And then the Speaker adjourn'd till nine of the clock to-morrow 



Saturday Sept, 23 d 1752. 

Met according to adjournment. And after some debate Mr. 
Knight was sent to the Secretary to get the copy of the charter of 
Southampton, Plastow^, Hampstead, Salem, Pelham, Dunstable, & 
Merrimack, soon after which Mr. Secretary brought into the House 
the Council Book wherein the s d Charters were recorded and the 
same w r ere read in the House out of the s d Council Book, and soon 
after Mr. Secretary came into the House and adjourn'd the General 
Assembly till Monday next eleven of the clock in the forenoon. 



132 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Monday Sep* 25 th 1752. 

A number of the members being met the Secretary came and 
adjournd the General Assembly till three of clock afternoon, 
[p. 224] P. M. Met according to adjournmnt A motion being 
made whether the House would now come to the consideration of 
the Election of the members returnd from new Places to serve in 
this General Assembly, and also a motion being made by Mr. 
Jona. Lovell to examine and enquire into the Right and method 
of New Castle & Rye, Hampton Falls, Londonderry, Greenland, 
Newington, Stretham, New Market, Durham & Kingston then- 
sending Representatives to serve in Gen 1 Assembly, and it being 
observed that there was not a full House orderd that the con- 
sideration thereof be put off till tomorrow morning for a full 
House. 

Mr. Speaker adjourn'd till tomorrow morning nine of the clock. 



Tuesday Sept. 26 th 1752. 

Met according to adjournment. 

The order of yesterday in the afternoon being read and there 
not being a fuller house than when s d order was made, further or- 
dered that y c consideration of the matter therein referred to be 
further suspended till there is a fuller House. 

Voted That the Clerk of the late Assembly deliver into the 
hands of the present Clerk all the Books, papers and files in his 
hands relating and belonging to the Assembly, 
[p. 225.] Voted that Mr. Speaker, Mr. Henry Sherburne jun. and 
Coll. Peter Gilman be and hereby are appointed a Committee of 
this House to draw an answer to his Excellency's Speech made to 
the General Assembly the twenty-second Inst. And lay the same 
before the House as soon as may be. 

Voted That the Rev' 1 Mr. Samuel Langdon & the Rev d Mr. 
Samuel Haven be desir'd to pray with this House (at about ten of 
the clock in y c forenoon) alternately during this session or sessions 
and that Mr/ Russell acquaint them thereof. (1) 

Mr. Speaker adjour'd till three of the clock in the afternoon. 

Post Meridiem 
Met according to adjournment. 
Voted that the following be the Rules of the House. 

(1) Mr. Samuel Langdon was minister of tho First or North Church in Portsmouth. 
He was born in Boston, graduated 1740, was ordained Feb. 4, 1747. dismissed Oct. !)- 
1774, to accept the Presidency of Harvard College, and died, after a life of eminent use- 
fulness, Nov. 29, 1797, aged 74. 

Itev. Samuel Haven was minister of the South Congregational Church in Portsmouth, 
graduated at Harvard College 1749, and was ordained May 6, 1752. He died March i>, 
1806, aged 79.— Ed. 



1752. | JOURNAL OF THE HOUSE. 133 

1. That whosoever shall by any misbehavior in speech or action justly 
offend any of members of the House shall for the first offence be admon- 
ished, for the second fined as the House shall see meet. 

2. That no member speak twice until every member have liberty to 
speak once if he please. 

3. That every member direct his speech to the Speaker and not to one 
another, and when any member has a mind to speak to any case that he 
[p. 226.1 stand up and ask leave of the speaker to speak. 

4. That whenever it happens that there are as many votes on one side of 
the Question as on the other without the Speaker, that then the Speaker 
make the casting vote. 

5. That if the Speaker be absent, the House may choose a Speaker pro 
tempore, that the affairs of the House may be carried on without stop. 

6. That if any member after being Qualified and entered shall absent 
himself at any time without leave from the House, he shall be liable to be 
fined at the discretion of the House. 

7. That if any member of this House shall be by the major part of this 
House, tho't unfit and not qualifyed for s d Place, it shalllbe in their power 
to dismiss such person, giving notice to the Town or precinct where he 
belongs to choose another to fill up such vacancy. 

8. That every Bill to be pass'd in this House be read three times and 
that there be two adjournments of this House before any Bill be pass'd 
into an act and that every member keep his place in the House and not 
speak out of it. 

[p. 227.] 9. That the Speaker with eleven members be a House to 
do business. 

10. That no vote that is pass'd in the House shall be reconsidered by a 
less number. 

Whereas there has been a motion made to take into considera- 
tion the Election of Some members return'd from new Places to 
serve in this General Assembly, and also a motion being made by 
Mr. Jonathan Lovell as on file, and considering the length of time 
it will take to produce evidence of one sort and another to act 
thereon with safety, and considering also the circumstances of the 
Province and that it is necessary for the well being thereof that 
the House immediately proceed upon Business. Therefore 

Voted, That the consideration thereof shall be further suspend- 
ed in order to get further and more light. Mr. Gidding moved 
that his dissent might be entered against the above vote which is 
entered accordingly. 

Voted, That Mr. Speaker, Mr. Henry Sherburne, jun r . Tho 8 
Millet Esq, and Coll. Peter Gilman be a Committee of this House 
to draft a vote in the best manner they can relating to the Re- 
cords of Deeds and Conveyances and lay the same before this 
House as soon as may be for their consideration and acting 
thereon. 

[p. 228.] And then the Speaker adjourn'd the house till to mor- 
row morning nine of the clock. 



134 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Wednesday Sept. 27 th 1752. 

Met according to adjournment. Adjourn'd till three of the clock 
in the afternoon. 

Post Meridiem. 

Met according to Adjournment. Adjourn'd till to-morrow nine 
of the clock. 



Thursday Sept. 28 th 1752. 

Met according to adjournment. 

Voted, That Daniel Pierce Esq. be and hereby is appointed Re- 
corder of Deeds and Conveyances of Lands for this Province for 
the space of one year, commencing from the time he shall be qual- 
ifyed to act in said office and untill the third day of the next sit- 
ting of the General Assembly after the Expiration of the said 
term, and that he shall not be qualifyed to act as Kecorder untill 
he shall have given Bond, with two sufficient Suretys jointly 
and severally in the sum of Ten thousand Pounds unto the Speaker 
of the House of Representatives for the time being and taken an 
[p. 229.] oath for the faithfull discharge of the said office and that 
he be not qualifyed to act in said office untill fourteen days after 
this vote has passed the three Branches of the General Assembly 
and that the fee for Recording shall be nine pence a page each 
page to consist of twenty eight lines eight words to a line, and 
three pence for the attestation of such Record and its being com- 
pared with the original, and the same for a copy from the Record, 
and the attestation thereon of its being compared with the Book, 
and that the Honorable Henry Sherburne, Richard Wibird and 
Meshech Wear Esqr. and Eleazer Russell and Thomas Bell, Esqrs 
be a Committee and that they or the Major part of them take the 
Books & papers belonging to the said office of Recorder into their 
custody in c:ise of the death or incapacity of the said Recorder, or 
the Expiration of the term above mentioned, & them safely keep 
untill further order ot the General Assembly, and it is further 
Voted, That the said committee or the major part of them take a 
list of all the Books now belonging unto the said office and Receipt 
for the same from the s' 1 Recorder and that they be under oath for 
[p. 230.] the faithful discharge of their trust, and that a Duplicate 
of said Receipt be lodg'd in the Secretary's office, (a) 

(a) Jour. Conn, and Assem. Sept. 28, 1 7r>2. Capt. Israel Oilman & 
Capt. Jedediah Philbrick bro't up from the house a vote appointing Daniel 
Pierce Esq recorder of Deeds &c. which being read a message was sent 
from the Govemour and council to the house to recommend to their con- 
sideration weither it would not be better to have the recorder execute the 
office till another recorder should be chosen &SWOrne in his room instead 
of the Third day of the next session &c. as mentioned in the said vote & 



1752] JOUENAL OF THE HOUSE. 135 

to enquire if such a clause had had its Determination in the house, if so 
to return the s d vote, if not to leave it with the house, which message be- 
ing deliver'd the Speaker said, that Paragraph had been under considera- 
tion &was disapproved by the house— which answer being reported at the 
board the s d Vote was again read and concurr'd by the Council and as- 
sented to by the Governour. 

Sent up by Capt. Israel Gilman and Jedediah Philbrick, Esq 8 . 
Adjoum'd till three of the clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. 

Whereas the acts for altering the sitting of the Court of Appeals 
and of the Superior Court of Judicature are not to be found in the 
Secretary's office, and inasmuch as many inconveniences may arise 
before a copy of those acts can be obtained from the Plantation of- 
fice which may be very prejudicial to the Government, and where- 
as the Justices of the Court of General Sessions of the Peace have 
by Law no power of adjourning that Court whereby many Illcon- 
veniencys have already happened and many more may happen, for 
prevention and Remedy whereof, 

Voted That Mr. Henry Sherburne Jtm r and Matthew Livermore 
be a Committee of this House to joyn with such as shall be ap 
pointed by the Hon ble Council to draw up a suitable Act relating 
to the premises, (a) 

(a) Jour. Coun. & Assem. Sept. 28, 1752, p. m. Which vote was con- 
currd, a Committee added on the part of the board and assented to by the 
Governour. 

Sent up by Richard Jennes, Esq. and Deacon Philbrick. 

[p. 231.] Voted that his Excellency the Governor be desired to 
direct the Treasurer to lay his accounts before the General Assem 
bly as soon as may be, as the House is now ready to proceed to 
the Examination of the said accounts. Sent up by Mr. Bell and 
Mr. Lovell. 

Adjourn'd till tomorrow nine of the clock. 



Fiyday SeptemV 29 th 1752. 

Met according to adjournment. 

Voted That Mr. Sherburne be desired to wait on y e Chairman 
of the Committee for letting out the £25000 Loan and desire y c 
Chairman to lay before this House a State of s d Loan with respect 
to what is paid unto the s d Committee of the principal and interest. 

Mr. Sherburne accordingly waited upon the Chairman of the 
Committee and reported that the Chairman said it should be done 
as soon as may be. 

Adjourned till three of the clock in the afternoon. 



130 PROVINCE OF NEW-HAMPSHIRE. [T752. 

Post Meridiem. 

Met according to adjournment. 

Richard Wibird Esq. came into the House and said he was di- 
[p. 232] rected by his Excellency to deliver two letters, and desir 
ed the House to take them under their immediate consideration 
and advise him what methods they tho't best to pursue, and if 
they tho't proper to give a Reward he would immediately Issue 
his proclamation. 

Voted that the following be sent np to his Excellency as an an- 
swer to his Excellencvs speech made to the Gen 1 Assembly dated 
y e 22 d day of Sept. 1752. 

May it please your Excellency 

The unhappy situation of the publie affairs of this Province now are 
and for so long a time past have been in, gives great concern to us, the 
Representatives of this Province, and its present and grievous Distresses 
are not unobserved by us, and we assure your Excellency of our hearts 
desire of a happy union between the Respective Branches of the Legisla- 
ture and of our sincere Disposition to do every thing in our power con- 
sistent with the duty we owe to his Majesty and the good of the people 
we Represent to Extricate the Government out of its present Difficultys 
and to advance the true interest thereof. We shall take under considera- 
tion the several things recommended by your Excelency, shall Endeavour 
to give a due attention to y e importance of them and to do that which 
[r. 233.] shall appear for the best Intrest of the Government — To pursue 
which is the Honour and Intrest of all the Branches. 

Sent up by Mr. Wentworth & Mr Wiggin. 

Adjourn 'd till to morrow morning nine of the clock. 



Saturday Sept. 30 th 1752. 
Met according to adjournment. 

Voted that the following be an answer to his Excellency's Mes- 
sage of yesterday by Richard Wibird Esq. 

If your Excellency thinks it expedient to Issue out a Proclamation for 
apprehending the Persons mentioned in the letter signed P. I. as mur- 
thercrs, the House consent that a Reward of fifty Pounds new Ten 1 ' be 
ofter'd to any Person or Persons who shall apprehend the said Persons in 
this Province and they are convicted. 

But the House are of the opinion that the most likely way to have 
them apprehended, would be to send an officer or officers to apprehend 
the Persons suspected before a proclamation is Issued. 

Sent up by March. 

The Secretary came into the House and said his Excellency had 
directed him to adjourn the Gen 1 Assembly till Monday next elev- 
en o'clock in the forenoon and accordingly adjourned the same. 



1752.] JOURNAL OF THE HOUSE. 137 

[p. 234.] Monday Octob r 2 ad 1752. 

A number of the members being met, the Secretary adjourn'd 
the Gen 1 Assembly till to morrow morning ten of the clock in the 
forenoon. 



Tuesday Octob r y e 3 rd 1752. 
A number of the members being met, the Secretary came into 
the house and said he was directed by his Excellency to adjourn 
the General Assembly till three of the clock in the afternoon and 
accordingly adjourned the same. 

Post Meridiem. 
Met according to adjournment. The House adjourn'd till to 
morrow morning nine o'clock. 



Wednesday Octob r 4 th 1752. 

Met according to adjournment. The act for altering the time of 
the sitting of the Governor and Council as a Court of Appeals &c. 
being brought into the House was read a first time. 

The House adjourn'd for quarter of an hour by order of the 
Speaker. 

Met according to adjournment. The above act was read a sec- 
ond time. 

Post Meridiem. 

[p. 235] Met according to adjournment. The afore-mentioned 
act read the third time and pass'd to be enacted and sent up by Mr. 
Jedediah Philbrick, Mr. Knight and Mr. Lovewell for concurrence. 

Mr. Secretary came into the House and said he waited upon the 
House with two Messages from his Excellency and deliverd them 
and two other papers, the contents of which the House would see 
and recommended the consideration thereof to the House when 
there should be a convenient opportunity. 

[Message and papers referredto copied from MS. Gov 18 Messages, Vol. II, 

pp. 91, 92, 

Mr. Speaker & Gentlemen of the Assembly— 

The Right Hon ble the Lords Commissioners for Trade & Plantations 
haveing transmitted to me of 28 th April, 1752 an Additional Instruction 
from their Excellencys the Lords Justices, Given at Whitehall the 16 th day 
of April 1752, requiring & directing me jointly with the Council and As- 
sembly of the Province under my Government, forthwith to revise the 
Laws, Statutes & ordinances now in being, & in Lieu thereof to frame & 
pass a complete body of new Laws, which I must press you to give your 
services & diligent attention to, and as the said Instruction only relates 
to this weighty and Important concern, you wdl herewith receive a copy 
thereof for your direction & guidance. 

Their Lordships, apprehending difficultys might occur in carrying this 



138 PROVINCE OF NEW-HAMPSHIRE. L1753. 

Instruction into Execution, they have sent me a law passed in Virginia 
upon the burial of their old Laws, which as far as it sutes with the Con- 
stitution of this Government will greatly Expedite the method of bury- 
ing our old Laws. 1 now send it down by the Secretary for your perusal 
& direction. 

And as their Lordships have in a most tender & affectionate manner ex- 
pressed themselves on this occasion, 1 have given you the Paragraph of 
their letter in the words following : 

"As difficultys may occur with Pespect to the method of carrying the 
"latter of these Instructions into Execution, We think it proper to inclose 
•"to you a copy of an Act passed in Virginia for the revisalof the Laws of 
"that colony which has been successfully executed, and as it appears to 
"us to contain very prudent regulations for the attainment of so desirable 
■"an end, wee recommend it to you to endeavor to follow the same plan as 
"nearly as the particular circumstances of your Government will admit. 

" We must likewise recommend it to you to use your best endeavours 
"in carrying this Instruction into Execution to prevail on the Assembly 
41 to make effectual Provision in the new body of Laws for all such mat- 
" ters as have been from time to time recommended to you by Instruc- 
tion or otherwise, & for which provision may not have been already 
"made; so we bid you heartily farewell and are 

Your very Loving Friends & hum ble Servants 

Duxk Halifax 
J. Put. 
DUPPLIN 

Whitehall, April 28 th 1752. Charles Townshend." 

It will give me great satisfaction to find that a matter of such general 
•concern to the Public should be entered upon readily & cheerfully, and as 
the method of doing it which must have taken up a great deal of your 
time, is fairly pointed out by a Colony that has succesfully gone through 
a thing of the same nature, I am hopeing nothing will prevent our suc- 
cess. 

Council Chamber in B. YVkntwoutii. 

Portsmouth, Oct" 4 ll: 1752. 



[Copied from MS. " Addresses to the King." pp. 72. 73.] 
Mr. Speaker & 
Gentlemen of the Assembly, 

Upon my transmitting the several Acts passed by me to the Right 
Hon ble the Lords Commissioners of trade & Plantations, their Lordships 
having first taken the above acts under consideration, are pleased to write 
me thereon as follows : 

"The two first of the above four Acts for Erecting, Establishing & In- 
corporating Parishes, have clauses which direct that they shall have all 
"the Libertys & Privileges of other towns & Parishes, Saving only the 
" choosing a representative in General Court, in which matter, the Inhab- 
" itants at the said Parishes are to joyn with the other towns, & the two 
"last declare that the Inhabitants of the new Parish shall remain with the 
" inhabitants of the old Towns, from which they were taken as to the 
'•choosing representatives 'until further order of the General Court. 
"These provisions appear to us to be encroachments on the Prerogative 
"of the Crown, inasmuch as his Majesty's Governor is impowcred by his 
" Commission & Instructions to Issue WTitts in his Majesty's name to any 
" Parish or township duly qualified according to the Said In*! ruction to 
'• send a representative to the Assembly, from which power these Acts do 
'• preclude him, and therefore we should have laid the same before his 



1752.] JOURNAL OF THE HOUSE. 139 

" Majesty for his disapprobation, but as the respective Parishes may have 
" been settled under the said Acts, & their privileges confirmed to them 
" thereby, such a repeal might greatly affect the prosperity of the I-nhabi- 
" tants, & therefore we the rather recommend to you to endeavor to 
"get Laws passed as soon as possible, for explaining & amending the 
" former Laws in the particulars above mentioned, and be very carefull 
" for the future of giving your assent to Laws of this kind. 

Signed, 

Dunk Hallifax 
J. Granville 
F. Fane 
J. Robinson 
J. Pitt. 

Their Lordships of 14 th Dec 1 ' 1749, write me, again : 

"You yielding to the assembly, in suffering them to insert clauses in 
"the Actspassed for Division of old Towns, empowering or restraining 
"those towns from sending Representatives to the General Assembly, by 
"which the prerogative of the crown was infringed, has, we fear, in 
"many points been the occasion of the extraordinary encroachments 
"they have from time to time continued to make, & have at length car- 
"rieclto so dangerous a pitch. Should they refuse to pass acts to Ex- 
" plain & amend those above mentioned, We shall lay them before his 
"Majesty for his Disapprobation, & recommend Charters of Incorpor- 
"ation. 

Signed, J. Pitt Ch* Townsend 

Dunlin J. Greenville. 

As I cannot be more particular, or in stronger terms recommend the 
passing the Acts of Amendment refer'd to in the two above recited para- 
graphs from the board of Trade, I shall only press your cheerful and ready 
complyance therewith. 

P. Wentworth. 
Council Chamber 
Portsm Oct 4, 1752. 

[Acts referred to.] 

An act for incorporating a new Parish in the Township of Londonderry 
in the Province of New Hampshire, Passed Feb>' 12 tu 1741-2. 

An Act for erecting & incorporating a new Parish or precinct in the 
township of Exeter in the Province of New Hampshire. Passed 23 d Feb- 
ruary 1741-2. 

An Act for making & Establishing a Parish in the South "Westerly part 
of Exeter in the Province of New Hampshire Passed 26 th June 1742. 

An Act for making and Establishing & Confirming a Parish in the north- 
erly part of Hampton in the Province of New Hampshire, agreeable to 
the metes & bounds herein after mentioned. Passed 30 th November, 1742. 

The Treasurer came into the House & delivered his acc ts . 
The House adjourn'd by order of the^ Speaker till tomorrow 
mornins: nine of the clock. 



Thursday Octob r 5 th 1752. 
Met according to adjournment. 

Whereas an Act Entitled an Act in addition to an Act for grant- 
ing unto his Majesty an Excise on several- Liquors made & passed 



140 PROVINCE OF NEW-HAMPSHIRE. [1752. 

by the General Assembly of this Province in the nineteenth year of 
his Majesty's Reign is expired, the same being Temporary, and 
whereas the said act while in force was found to be beneficial to 
this government, 

Voted That the said act be Revived for the space of Ten 
[p. 236] years from the Day this vote shall pass the three 
Branches, and whereas there are considerable sums of money due 
for Excise to this Government, by virtue of the said act before it 
expired, which money began to become due on the sixteenth day 
of May 1748 and ended the first day of July 1751 when the said 
act expired — And considerable sums due for Excise by virtue of 
an act made and passed in the fifth year of his Majesty's Reign 
Entituled an act for Granting unto his Majesty an Excise on sev- 
eral Liquors, — It is further Voted that the Excise upon the several 
Liquors mentioned in the last recited act shall be the same as the 
Excise mentioned in the first recited act herein voted to be revived, 
& further voted that the whole of the Excise now due as afores d 
shall be recover'd by the Collectors hereafter mentioned and ap- 
pointed who shall be and hereby are invested with all and singular 
the Power of collecting the same which the farmer of the Excise 
had by virtue of the said acts — that every Retailer & Taverner 
give a true account upon oath to the Collector in whose District 
he or she lives of what Liquors (liable to pay Excise) he or 
she hath sold between the sixteenth day of May 1748 and the day 
on which this vote shall pass the three Branches — And if any 
Taverner or Retailer shall refuse to give such account upon oath 
(which any justice of the Peace within this Province is hereby Im- 
[p. 237.] powered to administer) that he or she pay a fine of Eight 
Pounds new Tenor to the collector in whose District he or she 
lives for the use of the Government which shall be in full for his or 
her Excise during the said time, which fine shall and may be recov- 
ered by such Collector in the same way and manner as the fine for 
refusing to swear is Recoverable in and by the last recited act. 
And whereas there is no person or persons appointed to collect 
and Receive the Excise afores d — Voted, That there be collectors 
appointed for that end, and that when appointed they be under 
oath for the faithful discharge of the said trust, & that each of 
them give Bond to the Speaker of this House for the time being 
in the sum of one thousand Pounds new Tenor with two sufficient 
surety s jointly and severally that such collector shall do all in 
his Power to collect the same in his Respective District and pay 
what be shall receive of said Excise or fines unto the Treasurer of 
the Province of New Hampshire for the time being Quarterly, de- 
ducting what shall be allow'd him for collecting the same, and that 
such Collector shall also render an account thereof under oath unto 
the General Assembly when thereunto required. And that there 
be Duplicates of the said Bonds taken, the one of which shall be 
lodg'd with the Speaker of this house for the time being, and the 
other with the Secretary, & 



1752.] JOURNAL OF TBE HOUSE. 141 

Further Yotecl, that the several Districts be as follows, viz. 
[p. 238] That Portsmouth, New Castle, Rye, Greenland, Newing- 
ton, Stratham and Gosport be one District, and y* Mr. James 
Stoodley jun. of Portsmouth, Inn holder, be the collector for that 
District, and that he be allow'd four and a half per cent for what 
moneys he shall collect in that District : 

' That Hampton, Hampton Falls, Southampton and Kensington 
be one District, and that Mr. Joseph Thomas of Durham be the 
Collector for that District, and that he be allow'd five per cent for 
what moneys he shall collect in that District : 

That Exeter, Newmarket, Epping, Brentwood Nottingham and 
Epsom be one District & that Mr. Zebulon Gidcling be the Col 
lector for that District and that he be allow'd five per Cent for 
what moneys he shall collect in that District : 

That Dover, Durham, Rochester, Barrington & Summersworth 
be one District and that Mr. Joseph Thomas of Durham be the 
Collector for that District and that he be allow'd six per Cent for 
what moneys he shall collect in that District : 

That Kingston, Newton, Plaistow and Hampstead be one Dis- 
trict and y* Mr. Zebulon Gidcling be the Collector for y* District, 
and that he be allow'd six per Cent for what moneys he shall col- 
lect in that District : 

[p. 239.] That Chester, Londonderry, Derryfield, Litchfield and 
all other towns and places on the East Side of Merrymack River 
not before mentioned be one District and that John Macmurphy of 
Londonderry Esq. be the Collector for that District, and that he 
be allow'd six pr Cent for what moneys he shall collect in that 
District : 

That all the Towns and places on the west side of Merrymack 
River be one District and that Mr. Jonathan Love well of Dunsta- 
ble be the Collector for that District, and that he be allow'd six 
pr Cent for what moneys he shall collect in that District : 

Further Voted That each of the said collectors be furnished 
by the Secretary with a copy of the two before recited acts and of 
the act that shall be made in consequence of this vote, at the 
charge of the Province ; also that the Province shall be at the 
charge of the Bonds that shall be given. And that Mr. Speaker 
and Mr. Sherburne be a Committee of this House to joyn such as 
shall be appointed by the Hon bl Council to draw up an act agreea- 
able to this vote. 

Sent up by Esqr. Philbrick & Esq. Page. 

Voted That Mr. Speaker, Mr. Sherburne, Mr. Bell & Mr. Gid- 
ding be a committee of this House to Joyn with such as may be 
[p. 240.] appointed by the Hon bl Council to consider upon that 
part of his Excelencys the Governor's speech relating to the money 
w ch his Majesty hath been pleased most graciously to Repay 
towards defraying the Expences of the Louisbourg and Canada 
Expeditions and Report as soon as may to the Gen 1 Assembly what 



142 PROVINCE OF NEW-HAMPSHIRE. [1752. 

method will be best to proceed in with regard thereto in order to 
promote the General good ot the Province. 

Sent up by Mr. Gidding and Mr. Knight. 

Voted, That Eleazer Russell, Esq. and Mr. John Knight be a 
committee of this House to joyn with such as may be appointed 
by the lion 1 '"' Council to look out for and provide a suitable place 
or places in this Town for the Gen 1 Assembly the Superiour Court 
of Jud c and Infe T Court of Common Pleas to set in as there shall 
be occasion between this time and the first of May next and to 
agree with any person or persons therefor at the Expense of the 
Province. 

Sent up by Mr. Thomas and Mr. Lovewell. 

The House adjourn 'd till three of the clock in the afternoon. 

P. M. 

Met according to adjournment. 

Voted that Coll Peter Gilman, Mr. Henry Sherburn Jun r . and 
Thomas Bell Esq. be a committee of this House to joyn with such 
[p. 241.] as shall be appointed by the Honourable Council to exam- 
ine into the Treasurer's accompts (a) and make Report thereof to 
the General Assembly as soon as may be, and that if they do the 
business in the Recess of the Court, that they be allow'd Reason 
able satisfaction for their trouble and service. 

(a) Jour. Coun. & Assem. Oct. G, 1752. Mr. Livermore from the House 
bro't up a vote for choice of a Coinittee of both houses for auditing the 
Treasurer's Acc't — which was read & concurred at the board & a coinit- 
tee added and assented to by the Governor. 

Sent up by Mr. Hale and Mr. Wiggen. 

Adjourned till tomorrow morning nine of the clock. 



Fryday Octo r 6 th 1752. 

Met according to adjournment. 

A motion being made to enquire if the vote of the House sent 
up yesterday to the Council appointing a Committee of this House 
to examine into the state of the Treasurer's account was acted upon 
by the Council and if not to desire to withdraw it. Mr. Lovewell 
went up to make the s (l enquiry, soon after which the Secretary 
brought the said vote of yesterday into the House nothing being 
done upon it by the Council. 

Voted, That Mr. Speaker and Matthew Livermore be added to- 
the a fores* 1 Committee. Vote sent up again by Mr. Sanders. 

Adjourned till three of the clock afternoon, 

ry. 242] Post Merediem. 

Met according to adjournment. [Adjournd.] 



1752.] JOURNAL OF THE HOUSE. 143 

Saturday, Oct r 7 th 1752. 

Met according to adjournment. 

Whereas a certain sum of money has been granted by the Par- 
liament of Great Britain for Reimbursing to this Province part of 
the Expence which this Province was at in taking and supporting- 
Cape Breton and promoting an intended expedition against Can 
ada, which said money has by order of the Lords of his Majesty's- 
Treasury been Issued and paid unto John Thomlinson, Esq. agent 
for this Province at the Court of Great Britain for the use of this 
Province, who hath advised this Government thereof and desired he 
might have proper orders relating thereto, and inasmuch as this gov- 
ernment hath not yet had an account of the particular sum allow'd 
and granted by the Parliament for the intended expedition against 
Canada and lodged with the said agent for accompt of the Prov- 
ince or whether in the said Grant of Parliament any particular ap- 
propriation for the use of this Province was made and ordered and 
forasmuch as the uncertainty of these particulars renders it im- 
practicable for this Government at present to make any other use, 
profit or advantage of the said money now in the hands and under 
the management of the said agent than to invest it in some of the 
publick stocks or funds whereby it may be bringing in something 
[p. 243] for the Benefit of the Province, in order for the Bringing 
in and sinking the Bills of Credit emitted for carrying on and pro- 
moting the said Expeditions — Wherefore Voted that the said John 
Thomlinson Eeq. be and hereby is desired, authorized and Im- 
powered Immediately on Receipt hereof in Behalf and in the name 
of the Governor, Council and General Assembly of this Province 
and for the use and benefit of the Province, to put the whole of the 
said money into such stocks or funds as he shall Judge most ad- 
vantageous for the Province taking the proper and usual security 
therefor and sending a copy of such security with a duplicate 
thereof to the committee hereafter named — Further Voted, That 
the Interest arising from said money be applyed to the sinking the 
Bills emitted for carrying on and promoting said expeditions, and 
that Mr. Speaker and Mr. Henry Sherburn jun r . be a Committee of 
this House to joyn with such as may be appointed by the Hon bl 
Council to forward an attested Copy of this vote under the seal of 
the Province to John Thomlinson Esq. Agent for this Province at 
the Court of Great Britain as aforse d , and to correspond with him 
in this affair. 

Sent up by Mr. Bell & Mr. Sanders, (a) 

(a) Jour, of Coun & Assem. Oct. 7. 1752. which vote was read at the- 
board & concurred. 



144 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Letter of the Committee to Mr. Thomllnson. 

[Copied from MS. Corr. Vol. II. p. 69.] 

Portsm , N. Hamp 1 ' Nov. 18,1752. 
Sr — You*l Please to observe by the Inclosed vote that we are appointed a 
Committee of the General Assembly of this Province to forward it to you 
and to correspond with you in this afiair. The rote itself is so expressive 
that it leaves little room for any further or more Particular Directions, 
the Determinations of the Govenror, Council and Assembly being to have 
the money therein mentioned put Imediately under the Best Improvement 
any of the Publick Stocks or funds will admit of, which by the s rt vote is 
referred to your discreet management. That clause in the vote that says, 
"if it be not repugnant to the grant made by the Parliament to his Majes- 
ty," &c. was incerted that the Governor might not be in the least suspect- 
ed any way to act counter either to the Act of Parliament made for re- 
straining the Plantations from making Paper money or Postponing the Pay- 
ment of any already made or to any of hyj Instructions relative thereunto, 
but as this Grant is circumstanced we apprehend no Danger from that Ques- 
tion and unless we can have a better time to look about the Province will 
be sunk with the Load of Debts now Due, the money allowed for the Can- 
ada Expedition being but about one half the sum those Preparations real- 
ly cost, so that if we should Immediately Draw for the Sterling money to 
sink our Paper it would by no means answer any good End, for we should in 
that case have about £150,000 old Ten r out standing besides the great Debt 
due from the Province for its Defence last War which it would be Impos- 
sible to Collect should the Paper money at once be called in, especially at 
this time, so that there is but one way that we (on this side the water) 
can think of to save the Province from sinking; — therefore give us leave 
in behalf of the Province (which hath we believe your good wishes) to in- 
sist upon it that you Imediately put this money under the improvement 
mentioned in the vote & to desire you'd keep us (in the quality of a Com- 
mittee) constantly & minutely advised how you Proceed therein that we 
may from time to time Report thereon to the General Assembly. 

Mr. Wibird & the Speaker Mr. Wear, being out of Town Don't sign but 
as the vote Expresses all that is expected from you, their signing is not so 
material, however we shall soon forward a Duplicate under their hands. 

We are with much respect, your most obedient Hum b,e Serv ts 

Theodore Atkinson 
Henry Sherburne, jun. 
To John Thomlinson Esq. Agent (a copy) 

for the Province of New Hampshire 
at the Court of Great Britain in 
Loodon. 

Per the ship London, Capt. Grainger. 
Copy of what went with the vote refcrr'd to above, authenticated under 
the Province Seal &c. 

Attest Theodore Atkinson, Chairman. 
Reported to the General Assembly 28 th November, 1752. 






Report of Attorney and Solicitor General in respect of paying reim- 
bursing funds for expences in the expedition against Louisbourg. 

[Copied from MS. Corr. in Secy s office, Vol. II, p. 33.] 

To the Right Honorable the Lords Commissioners of his Majesty's 
Treasury. 



1752.] JOURNAL OF THE HOUSE. 145 

May it please your Lordships — 

In pursuance of your Lordships desire signified to us by Mr. West in 
his letter of Octob 1 ' last, Representing that your Lordships having had un^ 
der consideration the payment of the several sums granted by Parliament 
last session to reimburse to the several Provinces and Colonies in North 
America the Expences they have been at in taking and Securing Cape 
Breton, to which payment your Lordships were very desirous of giving 
all proper dispatch, and that the agents for the said Colloneys, on the one 
hand, having applied for the immediate payment of the said sums, and 
produced copies of the powers under which they claim the same; and. 
the Merchants trading to New England having, on the other hand, offers 
ed reasons in a Memorial against such payment And that your Lordships 
not being satisfied that what the Agents call their powers are sufficient 
authorities on which such large sums may legally be issued; as well by 
reason of the dates of some of them being antecedent to the grants as 
because they do not appear to be derived from legal acts of the General 
Assemblies — Your Lordships were pleased to transmit the said Memori- 
al and powers to us to take the same under consideration together 
with the votes of the House of Commons and clause of appropriation, 
and to desire our opinion whether these powers are such as do oblige or 
will in Law sufficiently justify your Lordships to issue the sums without 
account to the Agents respectively, especially as the Agent of the princi- 
pal province has refused to give security for answering the Trust in him, 
reposed, and accounting in the Exchequer for the same. 

We have taken the said several papers into consideration, (all whiclfc 
are herewith return'd to your Lordships) and have been attended by the. 
respective agents, and by some of the petitioners in the Petition of the 
New England merchants, to whom we thought it proper to give notice of 
the Reference. 

As to the powers of Mr. Bollan from the Massachusetts Bay, and to* 
Mr. Palmer from Connecticut, they are only votes of the Assembly. But 
as they have no Letter of Attorney under the Seal of the Province, who 
are Corporate Bodys by Charter from the Crown and cannot regularly 
make Attorneys but under their common Seal, We are of opinion that 
these gentleman are not properly authorized for that purpose. And tho' 
General Agents have been sometimes made by votes of Assembly, andi 
such agents have acted on the Foot of such authority, which have been 
acquiesced in, yet in a matter relating to the Revenue, and issuing large 
sums of publick money given by act of Parliament out of his Majesty's 
Treasury, we conceive nothing should be done but according to the strict 
rules of Law. Nor do we think that the giving security if offered for the 
clue accounting for the money would be sufficient ground to dispence with 
those Rules in the present case. 

With respect to Mr. Partridge's power from Rhode Island, as he pro- 
duced to us an authority under the Seal of the Province (a copy of which 
was sent to us from your Lordships) We are of opinion your Lordships 
may be well justified in paying him the sum appropriated by the said act, 
to Rhode Island upon his giving a proper Receipt, and leaving with your 
Lordships his said power. 

However as the Merchants of New England have by their petiton rep- 
resented the Inconvenience arising from the paper credit given in that 
province, as well as in the Massachusetts Bay, and desired the payment 
of these sums might wait till it be seen what steps would be taken there 
to redress that grievance, Mr. Partridge acquainted us that he was willing 
the money appropriated to Rhode Island might be placed in the Bank till 
further Instructions from his Province. 

As to New Hampshire, It appearing from an Extract of Captain Thom- 
linson's letter to Mr. West which he likewise confirmed to us, that he 
cannot produce at present either the original or copy of his power, & rep- 



14G 



PBOVINCE OF NEW-HAMPSHIRE. [r 



resenting such power as lie has to be only a general power of agency not 
adapted to this particular purpose, We are of opinion your Lordships can- 
not be justified in issuing to him the money given to that Province, tho' 
from his character and the general sense of the Merchants we do'nt con- 
ceive any doubt of his being their general Agent. 

All which is most humbly submitted to your Lordships great Judg- 
ment. 

I). Ryder 
W. Murray. 
(Copy) 'I'.) >,'ovem r 1748. 



Letter to lllc/iard ~Waldron from Richard Partridge^ London 
23 Mar. 1748-9. 

[Extract — copied from MS. Corr. Vol. II. p. :57.] 

London 1 st mo : or March the 23 d , 1748-9. 
My Friend Eichard Waldron, 

" Thy favor of the 15 th Xov 1 ' last pr Capt Sherburn, I have received. 

"As to the Expence the several Colonys of New England were at in 
taking and securing Cape Breton, you have been already acquainted with 
the Act of Parliament of last sessions for granting the several sums ac- 
cording to their Demands, but for want of the respective agents being 
duly empowered to receive them & for some other Cause also the Lords 
of tho Treasury have postponed the payment hitherto, but now the Mass- 
achusetts have sent over their Act of General Assembly empowering 
three Gentlemen to receive the money for that Province, & that they had 
concluded to call in & pay of their paper Bills of Credit with it in propor- 
tion at 10 for one, it is expected they will not detain the money much 
longer, application having already been made for it to the Treasury wiio 
have taken till after the time called Easter holy-days to consider of it is 
over, That is about 10 days, & the others also when their Powers come 
over probably will fare in like manner: And as to the money due for the 
Expence in the late Canada Expedition there were last year some pay- 
ments made, but a stop has been put to it now for about 8 mo s : Since for 
want chiefly of Governour Shirlys sending over the several Colonys Acc !s 
which he was to collect and transmit to the Secretary of State, most of 
which 1 suppose are still behind, so that it is uncertain when that money 
will come, but 1 make no doubt of its being paid some time or other & 
probably not very long first after the accounts are adjusted here. 

"There is a Bill lately brought into the House of Commons for regu- 
lating & restraining paper Bills of Credit &c. in the Plantations, a printed 
copy whereof I send thee indorsed, which is framed in such a manner 
that if it should pass into a Law as it stands, it would, as we here appre- 
hend, be very prejudicial to the Plantation Goverm ls in general, especially 
that part relating to the Instructions to be sent from hence to the several 
Gov 18 , & therefore some of the agents have thought it their duty to peti- 
tion the House praying to be heard by Counsel against the Pill, which 
was granted & the day appointed for it is the 11 th of next mo' when 
doubtless we shall get some alterations at least made in it. 

"1 was yesterday in the House of Commons when Lord Dupp'in of the 
Board of Trade moved (in consequence of the King's last speech to his 
Parliament relating to Provisions being made for the reduced officers and 
disbanded men who had behaved well in the Land & Sea service) for the 
undertaking (which the King and Ministry seem to be very fond of) for 
peopling and Settling Nova Scotia by sending several Transports to Che- 
bucta with 2 or 8 men of Avar under Adm 1 Hawk agreeable to an aclyer- 
tizem 1 in a Newspaper herewith sent thee; they propose to send now 



1752.] JOURNAL OF THE HOUSE. 147 

'3,000 persons of which about 900 are already entered; the said Lord men- 
tioned it in a particular manner setting forth the strength & security it 
would be to our Northern Colonys & other advantages respecting Masts 
to be readily got there for the Royal Navy, Lumber for supplying our su- 
gar Colonies, The Eur trade with the Indians, the cutting off the Com- 
merce of the Erench Inhabitants of Annapolis Royal with Louisbourg, & 
above all, The Benefit of so good a Cod Fishery &c. and concluded with 
a proposition of a supply for it of £10,000 at present, intimating also that 
something further will be annually wanted, which was seconded by some 
in the ministry & it seemed to be fallen in with in general : whereupon a 
supply was accordingly Voted, Nemini Contra : Sr John Hind Cotton, a 
member of the House signified indeed That he was glad they had at 
length thought our Northern Colonys worth being supported & defended 
•& that according to the old Proverb better late than never & wished the 
Lord who moved this matter had been at the Congress at Aix la Chappell 
with his Notions & prevented the delivering up Cape Breton ; not that he 
should oppose what they were now upon, but he was ready to think the 
proverb was now suitable that when the steed was stolen they might shut 
the stable door, & did hardly expect such great things from the undertak- 
ing as they talk't off; — or to this effect, & others alleged Inconveniency 
would attend from the Erench Roman Catholics settled at Annapolis Royal, 
that some care should be taken to send our Protestant Schoolmasters 
for Educating their children & that the Erench there were increased from 
'2500 (which is what they were at the Peace of Utrecht) to 25000 as they 
are now — but I think not more than one person in the House opposed the 
undertaking. 

Col Cornwallis, Bro r to Lord Cornwallis is to go over Govcrnour in 
the Expedition, w dl is to be a Civil Governm 1 — & it is sayd that some of 
the English Forces at Louisbourg are to joyn in the settlem* at Nova 
'Scotia — for further news I refer to y e prints herewith sent & conclude with 
kind respects. 

Thy Assured Friend, 

Ricn d Partridge. 

2 (1 mo. 4 th . They say now that Adm 1 Hawke w th 5 men of war is bound 
to Tobago probably to drive y e French from thence, & that Capt. Rouse 
only in a man of War is to convey y e Transports to'Nova Scotia & to sail 
y e latter end of this month. 



Voted That Matthew Livermore be and hereby is desired 
to procure a complete Body of the Laws of Connecticut at the cost 
of y e Province. 

[p. 214.] Voted That Mr. Sherburn Mr March and Matthew 
Livermore be a Committee of this House to wait upon his Excel- 
lency to confer with him upon that part of his Excellency's Speech 
relating to the Repairs of his House and Report thereon to this 
House as soon as may be. 

Mr. Secretary came into the House and said the vote for choos- 
ing a Recorder was passed, That the Act for establishing the 
Courts was passed, The vote relating to y e money in England was 
'concurred by the Council, The vote about the Excise was under 
consideration, The vote for choosing a Committee to examine the 
Treasurers Acc ts w T as finished and a Committee added, The vote 
for looking out a House for the Gen 1 Assembly &c. to sit in was 



148 PROVINCE OF NEW-HAMPSHIRE. [1752. 

finished and a Committee added, And that the Governor had di- 
rected him to adjourn the Gen 1 Assembly to Monday next three of 
the clock in the afternoon, and accordingly adjourn'd the same, and 

s <l that it would be adjoumd from Monday next to Tuesday come 
sen' niffhl after. 



Monday Octo r 9 th 1752. 

A few of the members, viz. Livermore. Russell and Sherbum 
met and the Secretary came into the House and adjourned the 
Gen 1 Assembly to Tuesday the 17 th day of Octo* 1752, ten of the 
clock in the forenoon. 



[P. 245.] 

Two of the members, viz. Mr. Russell and Livermore met and 
the Secretary came into the House and said it was his Excellency's 
order to him to adjourn the Gen 1 Assembly to three of the clock 
in the afternoon, and accordingly adjourned the same. 

Post Meridiem. 

Met according to adjournment. 

The committee appointed to wait upon his Excellency to confer 
with him relating to the Repairs of his house made Report to the 
House that they had waited upon his Excellency and confered 
with him thereon, and 'that lie signified that he desired to have a 
comfortable house provided for him, but did not condescend to par- 
ticulars. 

By order of the Speaker the House adjourned till to-moirow 
morning nine o'clock. 



Wednesday Octo r 18 th 1752. 

Voted That, Mr. Sherburn Coll Gilman and Capt. Bell be a Com- 
mittee of this House to Joyn with such as shall be appointed by 
the Hon bl Council to make inquiry into what method may be most 
suitable to proceed in for making Provisions for a convenient 
House for his Excellency and make Report thereon to the Gen 1 as- 
sembly as soon as may be. Sent up by Mr. Thomas and Mr. Wig- 
gen, (a) 

(a) Journ. of 0. & Ass" 1 . Which vote was read & concurrd ami 
assented to by the Governour. 



1752.] JOURNAL OF THE HOUSE. 149 

[p. 246.] Voted, That Mr. Speaker Mr. Sherburne Mr. Lovewell 
and Mr. Went worth be a Committee of this House to consider 
of what method or plan is best to proceed upon in order to a new 
proportion and make Report thereon to the House as soon as 
may be. 

Adjourned till three of the clock afternoon 

Post Meridiem. 
Met according to adjournment. 

By order of the Speaker the House adjonrnd till tomorrow 
mornin<r nine o'clock. 



Thursday Octo r 19 th 1752. 

Met according to adjournm* 

Voted That the Committee for providing Stores &c. for the in- 
tended Canada Expedition be and hereby are authorized and Im • 
powered to sell at public vendue as soon as may be all the stores 
provided for the s d Expedition now remaining in their hands and 
custody, and that the money that shall arise therefrom be put into 
the Treasury in order to the paying the soldiers that have been 
employed in the defence of the Province, so tar as it will go when 
the Muster Rolls are made up and allow'd by the General Assem- 
bly and that the surplusage (if any) be towards the Defreying the 
contingent charges of the Government as shall be hereafter order'd. 
by the Gen 1 Assembly. Sent up by Mr. Went worth & Mr. San- 
ders. 

Mr. Secretary came into the House and delivered the Speaker a 

paper which he said was a state of y e acct. of y e loan 

money exclusive of what those of y e committee who were borrow- 
ers had stopped for their pay, and also said that y e vote for consid- 
| p. 247] ering the affair about providing a convenient house for his 
Excellency Avas finished and that himself and Mr. Wibird were 
added to the Com tee and that they are ready to proceed upon the 
business. 

Voted That Mr. Macmurphy and Mr. March be a Committee of 
this House to get from the Treasurer an account of what places 
that have at any time paid Provincial Taxes, have nob had war- 
rants sent to them for collecting province Taxes and. how long 
such warrants have been omitted, also what places have not paid 
which have had warrants sent to them. 

By order of the Speaker the House was adjourned till three of 
the clock afternoon. 

Post Meridiem. 

Met according to adjournment. Adjourned by order of the 
Speaker till to morrow morning nine o'clock. 



/ 

150 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Fryday Octo r y a 20 ft 1752. 

Mel according to adjournm*. 

Voted That, Mr. Macmurphy Capt. Gilman and Mr. Lovewcll 
Ik- a Committee of this House to proportion what sum such 
places shall pay to the Province Tax as the Treasurer can't now 
send warrants to, also y c arrearages of such places. 

Col. Gilman and Mr. Hale waited on his Excellency to enquire 
of him if the vote relating to the money in Mr. Thomlinson's- 
hands was assented to by him, who came back and said they had 
delivered the message, (a) 

(a) Jouni. of C. & Assem. Oct. 20, 1752. His Excellency assented to 
the vote for Putting the money in agent Thomlinson's hands, into some 
of the funds &c. as concurrd by the Council on the 7 th Inst. 

[p. 248.] The Secretary came into the House and bro't in the 
vote relating to y c money in Mr. Thomlinson's hands and said y e 
Council had concurrd with it, but that the Governor proposed an 
amendm* which the Secretary mention r d. 

The House adjourn'd till three of the clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

Upon reconsidering the vote relating to the money in Mr. Thom- 
linson's hands, Voted that the following words, viz. If it be not 
repugnant to the Grant made to his Majesty by Parliament, 
whereby his Excellency our Governor may be in danger of 
incurring the King's Displeasure, — be added in the close of the 
Preamble of the afores d vote. Sent up by Mr. Bell and Mr. 
Knight, who reported they had delivered the vote. 

Voted That Esq' Philbrick and Esq r Page wait on the Cquncil 
and Enquire whether the vote relating to the Excise and also that 
relating to the selling the Stores remaining in the hands of the 
Committee for providing stores <fcc. for the intended Expedition 
against Canada be concurrd by the Council, — who reported they 
had delivered the message. 

The House adjournd till tomorrow morning nine o'clock. 



[p. 249.] Saturday Octo r 21 Bt 17.52. 

Mel according to adjournment. 

The Secretary came into the House and brought in the vote re- 
lating to the Excise and said the Council tho't that the Excise on 
Liquors was (for the future) put at too low a rate, and that there 
were some places pd particularly mentioned in the vote — which 
the Council tho't ought to be particularly mentiond and left the 
said vote with the House for their reconsideration. He also bro't 



1752.] JOURNAL OF THE HOUSE. 151 

into the House the vote for selling the Stores &c provided for the 
intended Canada Expedition remaining in the hands of the Com tee 
appointed for the providing s d stores &c. and said the Governor 
having signified he could not assent to it as it was, viz. That the 
money arising upon such sale should be put into the Treasury for 
y e use and purpose mentioned in s d vote, the Council had not pass'd 
upon it and then left it with the House for their Reconsideration. 

He also bro't into the House sundry Acts namely the District 
Act, the last Reviving District Act, the Small Pox Act, an Act 
about Highways, the Gaging act, The Explanatory act about 
Town meetings, also an Act pass d July 2 d 1743. He also said the 
vote about the money in Mr. Thomlinson's hands was assented to 
by the Governor. 

[p. 250] The Secretary came into the House and said that the 
Council had nonconcurrd the vote of the House of the 19 th In- 
stant relating to the selling the remaining Canada stores, the said 
vote having been sent back to the Council after it was left with the 
House for their Reconsideration. 

Voted That the Committee for providing Stores &c. for the in- 
tended Expedition against Canada be and hereby are authoris'd 
and Impower'd to sell at public vendue as soon as may be, all the 
stores provided for the said Expedition now remaining in their 
hands and custody and that the money that shall arise therefrom 
(after the charges of storage and sale and all other Incident 
charges are eatisfyed and paid) shall be put into the Treasury there 
to remain till further order of the General Assembly. Sent up by 
Capt. Gilman. 

Voted That the Treasurer send out his Warrants for Collecting 
the Province Tax for the current year agreeable to the Prices af- 
fixed and set to the following Articles, viz. 

[p. 251.] Merchantable Hemp pr hundred 

Flax pr pound 

Winter and first fare Isle of Sable Cod-fish pr Quintal 

Barr Iron pr hundred 

Eye pr bushel 

Wheat pr do. 

Barley pr do. 

Peas pr do. 

Indian corn per do 

Pork pr pound 

Beef pr do 

Joyst pr Thousand 

Merchantable white Pine Boards pr Thousand 

White Oak two Inch plank pr Do 

Same proportion for thicker 

Bees wax pr pound 

Pitch pr barrell 

Tar pr Do 

Turpentine pr Do 

Bay-berry wax pr Pound 

Tann'd sole Leather pr Do 



£2: 


15: 





0: 


1: 





0: 


15: 





2 : 


0: 





0: 


5: 





0: 


6: 





0: 


4: 





0: 


8: 





0: 


4: 


: 


0: 


0: 


: 4 


0: 





: 3 


2 : 





:0 


2 : 


5 


: 


8: 


0: 


: 


= 


1: 


: 6 


1: 


5: 


: 


1: 





:0 


1: 


10 


:0 


0: 


1 


: 3 


0: 


1: 


: 6 



152 PROVINCE OF NEW-HAMPSHIRE. [1752. 

[The Gov 1 assents to the above.] 

The Secretary came into the House and said the Council had 
concurr'd with the vote for selling the Canada stores also with the 
[p. 2'j'2.'] vote for regulating the Treasurer in sending out his 
Warrants for collecting the Province Tax for the current year, 
And said it was his Excellcncys order that the General Assembly 
be adjourned to Tuesday the thirty first day of October, Inst. Ten 
of the clock in the forenoon, and accordingly adjourned the same. 



Tuesday October 31 st 1752. 

A few of the members met according to adjournment and the 
Secretary came into the House and said it was his Excellency's or 
dersto him to adjourn the General Assembly till three of the clock 
in the afternoon and accordingly adjournd the same. 

Post Meridiem. 

A number of the members met but not sufficient to make a 
House, and the Secretary came into the House and said it was his 
Excellences orders to him to adjourn the General Assembly till to 
morrow morning ten o'clock, and accordingly adjourned the same. 



Wednesday, Nov. 1 st 1752. 

Met according to adjournment. 

Voted That Thomas Millett, Richard Jenness and Eleazer Rus- 
sell Esqs. be a committee of this House to joyn with such as shall 
be appointed by the Honourable the Council to tell over what Bills 
[p. 253.] of public credit now are in the hands of the Treasurer to 
be burnt according to acts of General Assembly, and when the 
same is told, to bring the same into the General Assembly in order 
to be burnt to ashes in the face of the General Assembly. 

Sent up by Es<] r Page. 

Mr. Treasurer Jaffrey bro't into the House sundry acc ts relating 
to the Treasury, some of which related to the late dee'd Treasurer, 
and the others to himself as Treasurer. 

The House adjournd by the order ot the Speaker till three 
o'clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

Capt. Andrew Todd brought into the House a muster roll and 
swore to the truth thereof. 

C;ipt. Moses Foster brought into the House a muster roll and 
swore to the truth thereof. 



1752.] JOURNAL OF THE HOUSE. 153 

Mr. William Walker brought into the House a muster Roll and 
swore to the truth of it. 

Voted That the Committee appointed for the Examining the 
Treasurer's accounts proceed upon the examination of the accounts 
this day bro't into the House by Mr. Treasurer Jaffrey-. 

The House adjournd by the Speaker till tomorrow morning nine 
o'clock. 



Thursday Nov. 2 d 1752. 

Met according to adjournment. 

[p. 254.] The House upon reconsidering their vote of the fifth 
of October last past relating to the Excise upon Liquors which 
vote was sent back to the House by the Honourable the Council 
the twenty-first day of the same October for Reconsideration of 
said vote, adhere to the said Vote, Excepting that Northampton 
Parish in said Province, be assigned unto Mr. Joseph Thomas and 
that it be in that District in which Hampton is, and that John 
Macmurphy Esq. be the Collector of the Excise due from all and 
any of those Persons who are in and by this vote appointed Col- 
lectors of Excise, and that the said John Macmurphy Esq. be under 
the same regulations and invested with the same Powers and au 
thoritys as the other Collectors are and that the s d John McMur- 
phy Esq. be allow'd six per cent for collecting the same. 

Sent up by Capt. Bell and Esquire Page. 

The Secretary brought into the House a memorial signed by 
Wm. Symes which was read and ordered to lay for consideration. (a) 

Journ. of C. & Ass m . Nov. 1, 1752. The memorial of Capt. Wm. Symes 
in relation to a settlement of some of the King's lands at a place callocl 
Co-os on Connecticut river sebting forth his having the promise of Three 
Hundred and forty men already engaged for that service, & praying that 
50 of the said men maybe in the pay & subsistance of this Province, read, 
recommended and sent Down to the House. 

Thomas Rawlins of Stratham in the Province of New Hamp- 
shire came into the House and declared upon oath That he had 
lately his dwelling House consumed by fire, That in it he had 
burnt to the best of his judgment eight Pounds eight Shillings old 
Ten r Bills of public Credit of this Province, and pray'd that he 
might be allow'd that sum by the Government. Therefore 

Voted That he be paid the sum of Eight Pounds eight Shillings 
[p. 255.] old Ten r Bills of public Credit on this Province out of the 
Bills now to be burnt to ashes, and that the said sum be accounted 
part of what shall now be burnt and that the Speaker of this 
House be impowr'd and desired to take said Bills and pay the same 
to said Rawlins taking his receipt therefor. 

Sent up by Doctor March and Mr. Wiggens 

Adjourn' d till three o'clock afternoon. 



154 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Post Meridiem. 

Met according to adjournment. 

Voted That Thomas Millet, Richard Jenness and Elcazer Rus 
sell Esqrs be a Committee of this House to Joyn with such as shall 
be appointed by the Honourable the Council to receive from the 
Trustees for letting out the twenty five thousand Pounds Loan, 
what of the principal sum of said Loan is paid unto the said Trus- 
tees and to tell over the same and to bring the same into the Gen- 
eral Assembly in order to be burnt to ashes in the face of the Gen- 
eral Assembly agreeable to the Act for emitting the said sum of 
twenty live thousand Pounds Loan. 

Sent up by Capt. Wentworth ancl Capt. Philbrick. 

The House adjourned by the Speaker till to-morrow morning 
nine o'clock. 



[p. 256 ] Fryday Nov r 3 rd 1752. 

Met according to adjournment. 

The Speaker being absent upon the business of the Government 
Richard Jenness Esq. was chosen Speaker pro tempore. And the 
Clerk being absent on the business of the Government John Mac- 
murphy Esq. was chosen Clerk pro tempore. 

By order of the Speaker protempOre the House was adjourn'd 
till three of the clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

John Macmurphy Esq. made oath that he would execute the oi- 
fice of Clerk of the House being chosen clerk pro tempore, so long 
as he shall remain in that office according to his best skill and 
judgment, agreeable to Law, before Matthew Livermore, Jus. 
Peace. 

The House adjourned till tomorrow at nine of the clock, by 
order of the Speaker. 



Saturday, Nov br y e 4 th 1752. 

Met according to adjournment. 

Mr. Secretary came into the House" and said That it was his Ex- 
celency's orders thai the General Assembly sho'd be adjourn'd to 
Monday next at three of the clock, post Meridiem. 



1752.] JOURNAL OF THE HOUSE. 155 

Monday Nov* 6 th 1752. 

A few of the members met, but no Speaker. The Secretary 
came into the House and said it was his Excelency's orders to him 
[p. 257.] to adjourn the General Assembly till tomorrow ten of the 
clock in the forenoon. 



Tuesday Nov 1- y e Seventh 1752. 

A number of the members met but not a House. The Secre- 
tary came into the House and said it was his Excellencys orders to 
adjourn the Gen 1 Assembly till three of the clock in the afternoon, 
and accordingly adjourned the same. 

Post Meridiem. 

The House met according to adjournment. 

Mr. Speaker Wear being absent Rich d Jenness Esq. Speaker 
pro tempore took the chair. 

Whereas the Act more effectually to prevent profane cursing 
and swearing is expired, the same being temporary, which act 
while in force was found beneficial — therefore Voted that the said 
act be revived for the space of five years and that Richard Jenness 
Esq. and John Macmurphy Esq. be a Committee of this House 
to joyn with such as shall be appointed by the Hon ble the Council 
to draw up an Act accordingly. Sent up by Capt. Gilman <fe Mr. 
Love well. 

The House is adjournd by order of the Speaker, for the space of 
[p. 258.] a quarter of an hour. 

Met according to adjournment. 

The Act to prevent deceit in the Gage of Cask pass'd by the 
House but the Council being broke up was not sent up to the 
Board. 

The House adjournd till tomorrow morning nine of the clock 
by order of the Speaker. 



Wednesday Nov r 8 th 1752. 

Met according to adjournment. Richird Wibird Esq. bro't into 
the House sundry papers relating to Mr. Clem 1 Minor of Stoning- 
ton in the Colony of Connecticut setting forth that the s d Minor 
had a dwelling house burnt and considerable paper Bills of this 
Province, and other things therein in the month of April 1747. 

Post Meridiem. 

Met according to adjournment. 

Whereas there is a necessity of having a farther Regnlation of 



156 



PROVINCE OF NEW-HAMPSHIRE. [1752. 



the Ferrys within this Province and of having the Fees and 
fares of the Respective ferrys within this Province settled & 
stated — therefore Voted that Clement March Esqr. Capt. Israel 
Gilraan and Mr. Jonathan Lovewell be a Committee of this House 
tojoyn with such as shall be appointed by the Honorable the 
Council to draw up an act accordingly. 

[p. 259.] The House was adjournd by order of the Speaker till 
tomorrow morning nine of the clock. 



Thursday XovM) th 1752. 

Met according to adjournment. 

The Secretary bro't into the House the vote relating to the Ex- 
cise upon Liquors and said the Council had pass'd it with an 
amendment and that the Council hoped the House would concur 
with the amendment. 

The House concurr with the amendment of the Council on the 
afores' 1 Vote. Sent up by Mr. Lovell. 

The House adjournd by order of the Speaker till three of the 
clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

The vote pass'd yesterday about the Regulation of the ferrys 
sent up this day by Mr. Lovell. 

The House adjournd by order of the Speaker till tomorrow 
morning: nine of the clock. 



Fryday Nov r . 10 th 1752. 

Met according to adjournment. 

Richard Wibird Esq. came into the House and desired he might 
withdraw the papers he had some time before bro't into the House 
relating to Mr. Clement Minor, — which were deliverd him. 

[p. 260] Richard Wibird Esq. bro't again into the House the 
papers relating to Mr. Clement Minor and a memorial of him the s d 
Clement Minor desiring he might be allowd the sum of one hundred 
and sixty live pounds old Ten 1 ' out of the Treasury of the Province 
of New Hampshire for so much Province bills of Credit on the 
Province of New Hampshire which, as the memorial suggests was 
burnt when his dwelling house was burnt. 

He also bro't into the House the Report of the Committee ap- 
pointed to make enquiry into what method may be most suitable 
to proceed in for the making provision for a convenient house for 
his Excellency. 

The House adjournd for two hours by order of the Speaker. 



1752.] JOURNAL OF THE HOUSE. 157 

Post Meridiem. 

Met according to adjournment. 

The Report of the Committee appointed to make enquiry into 
what method may be most suitable to proceed in for the making 
Provision for a convenient house for his Excellency being read and 
considered, 

Voted that the said Report be accepted with Regard to the Re- 
pairs that are necessary to be immediately made on the House his 
Excellency now hath so as to make it conveniently tenantable, also 
[p. 261] that it will be for the Honour as well as Interest of y e 
Province either to build or purchase a Province House for the Res- 
idence of the Governor hereafter, provided a way and method can 
be found out for the effecting thereof not prejudicial to the Gov- 
ernment. 

Sent up by Doctor March. 

Mr. Obadiah Parry brought into the House a muster Roll which 
he swore to in the House. Upon consideration of the memorial 
of Mr. Clement Minor and the evidence produced in support and 
maintenance of the facts therein suggested, 

Voted That he be paid the sum of forty one Pounds five shil- 
lings new Tenor Bills of public Credit on this Province now in the 
Treasury to be burnt to ashes (so much of the Bills of Credit on 
this Province being burnt in his house) & that the said sum be ac 
counted & reckoned as so much and part of what shall now be 
burnt, — and that Richard Wibird Esq. who brought the said me 
niorial into the House, be and hereby is authorised and Impowered 
to receive the same of the Committee for Receiving the money to 
be burnt, the said Richard giving a Receipt therefor, and that 
when the s d Richard Wibird Esq. shall pay the same unto the said 
[p. 262] Minor, his agent Attorney Heirs Executors or Admin- 
istrators take a Receipt for the same and lodge it in the Secretarys 
office. 

Sent up Saturday by Capt, Gilman. 

Voted That Capt. Jenness and Dr. March be a Committee of 
this House to joyn such as shall be appointed by the Honorable 
the Council to get the Repairs necessary to be made this Fall on 
the house that the Governor now hath, that they get them done im- 
mediately, consulting the owners of the House, and that the same 
be allowed out of the Rent for said house, and that the said com 
mittee may be enabled to effect the same, further Voted that so 
much as is necessary therefor of the Bills of public Credit on this 
Province shall be taken out of the Interest of the Twenty five 
thousand Pounds Loan now in the Treasury to be paid by the 
Treasurer unto the said Committee and that what sum shall be 
drawn out of the Treasury for the purpose afores d be replaced in 
the Treasury by the next supply Bill and that the said Committee 
render their account thereof to the Gen 1 Assembly. 

|_p. 263.] Sent up by Capt, Gilman. 



158 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Ordered That the hearing of Mr. Symmes his memorial be on 
the third day of the Bitting of the General Assembly after next 
week, and that ah 1 the members attend on the adjournment and 
thai the absent members be notifyed thereof and required to at 
tend without fail. 

The Secretary came into the House and said he was ordered by 
his Excellency to adjourn the Gen 1 Assembly to Monday the twen- 
tyeth Day of November Instant three of the clock in the afternoon 
and accordingly adjourned the same. 

Memorandum. After the adjournment made out a Notification 
for Peter Gilman Esq. Mr. Zebulon Gidding and Jedediah Phil- 
brick, Esq. each of them to appear at the adjournment and sent 
them by Mr. Lovewell, also one for Major Davis and sent it by 
Thomas Millet Esq. also one for Mr. Joseph Thomas and sent it by 
Capt. Gilman, also one for ^ nomas Bell, Esq. and gave it to Mr. 
Jacob Sheaf for conveyance. Attest 

Matthew Livermore, Clerk. 



November Monday the 20 th 1752. 

[p. 264] A few of the members met but not sufficient to make 
a House. The Secretary came into the House and said it was Ins 
Excellency's orders to him to adjourn the General Assembly till 
tomorrow morning ten of the clock and accordingly adjournd the 
same. 



Tuesday Nov'' 21 st 1752. 

A number of the members met, but not the Speaker so as to go 
upon business. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till three of y e clock in 
the afternoon and accordingly adjourned the same. 



Post Mend 



lem 



Met according to adjournment 

Capt. Jonathan Chesle brought into the House a muster Poll 
and made oath to the truth of the same. 

Voted That Coll. Gilman and Mr. Russell be a Committee of 
I h";s House to joyn with such as shall be appointed by the Hon ble 
the Council to Examine the muster Polls that are or may be laid 
before the Gen 1 Assembly for men that have been employed in the 
Defence of the Province pursuant to votes of the Gen 1 , assembly 
\v 265] and make Report thereon unto the General Assembly as 
soon as may be. 



1752.] JOURNAL OF THE HOUSE. 159 

Sent up Wednesday by Maj r Davis. 

The House adjournd by order of the Speaker till tomorrow 
morning nine o'clock. 



Wednesday Nov r 22 d 1752. 

Met according to adjournment. 

The vote of yesterday for a Committee to Examine Muster Rolls 
sent up this day by Maj r Davis. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Upon reading the memorial of Capt. William Synimes and it 
being suggested that there had been sundry Petitions heretofore 
put into the Governor and Council for Grants of land at a place 
calld Co-os or Cohass namely one by a number of persons of New- 
market, one by a Number of persons of Hampton Falls, one by a 
number of persons of Kensington, one by a number of persons of 
Southampton, one by a number of persons of Northampton, & 
one by a number of persons of Hampton, & the House being de- 
sirous to get all the light that possibly they can in order to do 
what is Right and Just relating to the said memorial, 

Voted That Capt. Israel Gilman and John Page Esq. wait upon 
[p. 266.] his Excellency and desire that he will be pleased to favor 
the House with a view of the Petitions afores d or any other Peti 
tions that have been preferr'd to the Governor and Council by any 
of the Inhabitants of this Province for any lands at the place called 
Coos or Cohass. 

Voted That the further hearing of Capt, William Syrnmes his 
memorial be on the morrow. 

The House adjournd till tomorrow morning nine o'clock by order 
of the Speaker. 



Thursday Nov 1- 23 d 1752. 

Met according to adjournment. 

Voted That Mr. Speaker and Matthew Livermore be a Commit- 
tee of this House to draw up an act for the admeasurement of 
Boards &c. and lay the same before this House as soon as may be. 

The Committee appointed to wait upon his Excellency relating 
to the memorial of Capt, Symines brought into the House his Ex- 
cellency s answer thereto, as on file, which was read. 



100 PROVINCE OF NEW-HAMPSHIRE. [1752. 

[Copied from MS. Gov" Messages, Vol. II. p. 93.] 
Mr. Speaker & 
Gent 11 of the Assembly. 

In answer to your Message of the 22 d Instant respecting any Petitions 
from the Inhabitants of this Province for the Lands or Townships at Co- 
hoss or Cohass, I know of none but what I ook upon as obsolete & by 
no means interfering with the intended grant to be made to the live hun- 
dred men to be raised by ('apt. Sjmes for settling said Tract of land. 

Put if any of the Inhabitants of this Province are desirous of Joyning 
in the Grant, I shall reserve room for one or more Townships in which 
his Majesty's subjects of New Hampshire shall have an equal chance with 
any of his Majesty's subjects in the neighboring Governments & such In- 
habitants shall be regimented in the same way & manner as the others that 
proceed to settle said lands, & be under their own officers when the men 
appear to my satisfaction, it is a thing I cannot answer to the King my 
master to grant any townships at such a distance as Coos or Cohass, to 
any of his Majesty's subjects without a sufficient cover, & therefore my 
engagements to Capt. Symes are only conditional, that in case he can 
raise five hundred men to be regimented before they depart from hence, 
& be subject to military discipline, or at the lest, four hundred men, that 
then he shall be certain of a Township for every one hundred men, of six 
miles square & on no other terms. 
Given at Portsmouth, 

23 l1 Nov. 1752. B. WENTWORTH. 

The House adjournd till three o'clock afternoon by order of the 
Speaker. 

Post Meridiem. 

[p. 207.] Met according to adjournment 

Upon reading the memorial of Capt William Symmes and the 
answer in writing from his Excellency to the Message of this 
House yesterday, The Question was put whether the follow- 
ing Question should be answered prior to any other Question 
relative to the said memorial, Namely, Whether the Inhabi- 
tants of this Province ought not to have the preference of set- 
tling the lands mentioned in the memorial aforesaid, before the 
Inhabitants ot his Majesty's other Governments — which passed 
in the affirmative. 

Matthew Livermore dissents against the above Questions being 
put as worded. Afterwards it was moved that the above Vote 
should be reconsidered, which passd in the affirmative. 

Then it was moved to have the Question put whether the said 
memorial should be dismissed or not and it pass'd in the Negative. 

For dismissing Against dismissing 

Eleazer Russell, Esq. Matthew Livermore 

Mr. Henry Sherburn, jun. Richard Jenness Esq. 

Thos. Mijlett, Esq. Jedediah Philbrick Esq. 

Maj r Thos. Davis Mr. Jolm Knight, jun 

Capt. John Wentworth Corn* Thos. Wiggen 

Deacon Joseph Philbrick John Macmurphy Esq. 

Peter Gilman Esq. Clem* .March, Esq. 

Air Zebulon Gidding John Page Esq. 

Mr. Thos. Hale 
Mr. Henry Sanders 
Mr. John Lovewell. 



1752.] JOURNAL OF THE HOUSE. 161 

[p. 268.] Then the affair was debated and after the Debate the 
Question was put whether there should be a vote drawn as was 
proposed, and it passd in the affirmative. 

The House adjournd till tomorrow morning nine of the clock. 



NOTE BY THE EDITOR. 



[The Memorial of Capt. Symmes lias not been found, but the following 
letter of Theodore Atkinson, Esq. to John Thomlinson, Esq. throws much 
light on the affair]. 

[Copied from ''Book I. 1031-1756," in Secy? office, p. 264.] 

Portsm Nov. 19 th 1752. 
Sr. For many "reasons I have long since Left writing you any Particu- 
lars of Governm* affairs supposing you was always kept minutely advised 
by the Governour, however as we are now again got upon action I would 
tell you that we have a new Assembly that at Present seem inclinable to do 
the Public business with a good Inclination & Temper (1) which I hope will 
continue. They have rec'd the new members, chose an unexceptionable 
Speaker & have past several Votes which are agreeable to the Gov r & 
Council, as appointing a recorder, Excise officers, a vote for Putting the 
Ballance of the Canada & Louisbourg Acc ts in your hands into some of 
the Publick Eunds & are now upon the Treasurer's acc ts settling all acc fs> 
of the Province that we may know whereabouts we are — as soon as this 
Hurry is over which at Present we are necessarily involved in I suppose 
we shall turn Immediately to make a more complete Defence of our affairs 
with you about fort Dummer &c. You have never advised me of the rec* 
of the Papers sent you for Mr. Parris' Direction in the case of French vs 
Morse, those I sent pr Mr. Solley were Lost at least never came to hand 
tho' I have heard they were saved & in some man's custody there : as soon 
as I heard of this miscarriage I forwarded by the way of Biddiford by 
Capt. Sams another set of the Papers & Law book &c. which I got Mr, 
Mark Wentworth to comit to the Master's care to be deliverd to his 
owner Mr. Benson to be carefully forward 11 you. I know the vessell went 
safe & therefore am surprised you have not advised me of the rec* of 
them. I suppose the Govern 1- now writes you at large on the Province af- 
fairs which leaves me only room to hope you will mis no opportunity input- 
ting the Canada & Louisbourg money under some improvement, 'tis the only 
Remedy to keep us in any credit. As to the affair of Port Dummer I look 
upon it that all that the most sanguine here Expect is to have the Land 
near s d Fort assigned to them which our Gov 1- & Council have already 
chartered out & chiefly to those who clainfd it under the Mass a Grants & 
the Towns in consequence of our Grants are settling A r ery fast about 
thirty mile above or north of fort Dummer & the People quite easy & sat- 
isfied, some few of the Mass a claimers only excepted whose obstinacy 
would not submit to take his Maj^ 6 Grant from this Governm*. 
* We are now upon a Project (which I believe will take effect) of settling a 
Tract of the finest Land on the Continent, calVd by y Q Indians Co-os, which 
Lyes upon Connecticut river about 90 miles northerly from the Province 
line. We have already inlisted about four hundred Proper men, they are 
to cut a road to that Place build 2 Garrisons with sufficient accommoda- 
tions for the 400 or 500 men, in this parte of the country they will raise 
Provisions the first year for double their number & all their land under 
tillage be in sight of and defended by the Garrisons ; 'tis a great under- 

(1) Underscored in the original letter.— Ed. 
11 



162 PRO V INCH OF NEW-HAMPSHIRE. [1752. 

taking and a good one, for I really believe, if we do not settle it the French 
voill for 'tis the main passage made use of by the Indians from Canada to 
this country, and if we can fix there, which 500 such men as are going (bar- 
ring the particular frowns of Providence) mauger all the efforts of the In- 
dians — I say if this is once effected there will be ever a large stock of Pro- 
vision enough for an army of men to march to Canada which from thence 
may easily be done in three or four days to the very river of Canada, the 
men already Enlisted are well versed in the Indian warrs & are under 
little concern for their opposition. I mentioned above the French set- 
Ming this Tract of Land & why should it be Questioned — 'tis much nearer 
to them than Crown Point, I suppose near half the Distance, less Expense 
would do it & when don 'tis the cream of the country, the Intervale land 
on both sides the river for o0 or fifty miles successively in many places a 
mile wide, where at the first you have little to do but Plow, it being gen- 
erally clear like a salt marsh & but about 40 or 50 miles Distance from 
many of our new settlements, that should the French once get footing 
there we should be so far from enlarging our own Borders that it would 
:;oon be a means of Driving in many of our new settlements. The last of 
these were motives no Doubt that induced the French to settle Crown 
Point, a place maintained at a great Expence & the Land about it not 
capable of any tolerable Improvement and at a greater Distance from 
both French & English & of consequence Less detrimental to the one & 
more Expensive to the other. Th% Projection for our settling is — These 
400 or 500 men is to have a suitable portion of Land, on y c King's quit-rent. 
Land cut into Townships for them — 2 of which, one on each side the river 
opposite to each other Immediately taken into" Possession & a regular 
'.Harrison built in each of them, encompassing perhaps 15 or more acres 
of Land, this to be enclosed, with Log-houses at some distance from each 
other, and the spaces fdled up with either Palisades or Square timbers, in 
the middle of the square something of the nature of a Cytidall where the 
Public Buildings & Granarys &c. will be built & to be large enough to con- 
tain all the Inhabitants, if at any time drove from the outer Enclosure 
which is to be large enough to contain their cattle &c. These fortifica- 
tions are to be built so as to assist each other on every occasion. They 
are to have courts erected & to have Power of Determining all causes 
civil causes amongst themselves & to be under a stricter military Disc-i- 
nline than commonly our Militia are. These men are now soliciting 
these Grants of the Gov 1 ' & Council & have a memorial before the Gen 1 As- 
sembly also for some assistance in this undertaking; we are really so much 
in debt that 1 fear they will not obtain any great matters but something I 
believe will be done to assist them either in cutting roads to the Place or 
granting a suitable number waiges for some time & as they Propose two 
roads, one near Connecticut river from the Towns now Settling above or 
north of the Province Line & the other directly down to our settlements 
on Merrimack river. Now in case we meet vith any trouble about fort Dum- 
mer it will Discourage this Project intirely, for if after 10 years delibera- 
tion the Massachusetts Grantees that claimed the Land about fort Dum- 
mcr & 30 miles above have at last Petitioned this Governm* for the King's 
grant & have obtained agreeable to his Majestys Instruction, if, I say they 
Should meet with any Discouragement & the King's grant not held to be 
good to y e People involved in y e case, (1) no person would go to Coos : If 
on the other hand any sum of money should in any way be taken from us 
for support of fort Duinmer which never was of any service to y e l'rov. 
we should not have it in the power of the Governm 1 to assist these new 
settlements. These affairs are matters of such consequence to tins coun- 
try in general that when I begun I could not help Enlarging upon it for 
jfOlir Information. & Nowgive me leave to mention something once more 

1; These words in the copy are interlined and tho writing scarcely legible.— Ed. 



1752.] JOURNAL OF THE HOUSE. 103 

in relation to the Canada accounts, only this Pray let me know weither 
those articles charged by the Treasurer here to me & mentioned in his 
acc ts sent home I think 4 articles for waiges, cloathing, great coats for 
.those men that went to Annapolis Royal & £100 for Blankets were allowed 
at home. I possibly may meet with Difficulty with the Assembly here if 
it is not ascertained. Pray also let me know the Balance of each officer 
now in your hands that they may draw on you for the Ballance if any of 
.them are in credit with you. I have shown them your ace*, but as they 
have not kept any ace 1 what they have ordered and still ara in the Dark, 
all the want is the Exact sum they may draw for. I know there is but 
few if any, & therefore can't take up much time only to send a List of y r 
names & the several ballances annexed. Particularly let me have Lieut. 
Coll. Wentworths & Insign Hugh Hall Wentworths if the Executor to 
•Capt. Rymes Estate does not receive the whole I fear I shall be bro't in 
for the residue being hi-* bonds 11 which I long since mentioned to you. I 
•no w write to you & comp a on our Private affairs to which give me leave 
to referr you, & am with the greatest esteem, 

Your most obleidged Humble serv* 

Indorsed — Tn A. 

''Copy to Thomliuson about 
Publick affairs, Coos &c. 1752. 
pr Capt. Granger." 

Letter to Capt. Phvneas Stephens about Cho-os. 

[Copied from MS. Corr. Vol. II. p. 07.] 

Portsm , March 4 th 1752. 
Sr. This will be forwarded to you by Capt. Symes of Winchester to 
whom his Excellency the Govern 1 ' has given a warr 4 of which the En- 
dorsed is a copy. This Gentleman, Capt. Symes, opportunely happened 
here while the Govn 1 ' was concerting measures to make the attempt of 
settling Cho-os & hacl(l) Engaged Col. Blanchard in Quest of a suitable 
number of suitable me a for this unclertakeing & it being agreeable to 
Capt. Symes' views in coming into these parts he the more readily En- 
gaged in undertaking tv make a Tryal of s d affair. Now S r , what occa- 
sions you this Trouble is to acquaint you that I know it will be very 
agreeable to his Excellency (if you approve the Scheem) if you will joyn 
Capt. Sjmies in advice & Endeavours to forward this undertaking, he is 
master of the Governor's Scheme & Intentions & very desirous of your 
being concerned. Therefore will let you into the whole affair, to h. ; m I beg 
leave to referr you & am 

Your very Hum ble Servt 

P. S. If it suits your Inclination to Engage in this affair & it will be of 
any service to the cause or Pleasure to you & you'l let me know by a line 
Pie send such a warr* as y e Enclosed to you. 

[Note. This letter, though without a signature, is evidently in the 
hand-writing of Secretary Atkinson. — Ed.] 



Fry clay Nov r 24 th 1752. 
Met according to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

il) This word "had" is doubtful— it may bo who, or it may read ivas Engaged by.—J£l>. 



164 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Post Meridiem. 

The House taking under further consideration the memorial of 
Capt. William Symes & a motion being made that the following 
Question be put namely Whether the said memorial shall lay un- 
til his Majesty's pleasure can be known thereon and he can be ad- 
dressd to obtain his leave in some method to defray the charge of 
defending those settlements therein referred to — which Question 
was accordingly put and it pass'd in the affirmative. Jedediah 
Philbrick Esq, dissents against the above vote. Matthew Liver- 
more dissents against the above vote. 

The House adjourned till tomorrow morning nine o'clock. 



Saturday Xov r 25 th 1752. 

Met according to adjournm*. 

[p. 269.] The memorial of Capt. Win Symmes with the vote 
thereon sent up to the Council by Mr. Love well. 

The act relating to the Small Pox passd this day and sent up by 
("apt. Wentworth and Mr. Knight. 

Mr. March dissents to the vote passd last night Relating to y e 
memorial of Capt, Symmes. Capt Jenness dissents to the afores d 
vote. 

The Secretary brought into the House the memorial of Capt. 
Symmes with the vote of this House thereon and having men- 
tioned several objections the Council made unto the vote thereon left 
the said memorial and vote for the further consideration of the 
House. 

The Secretary came into the House and said he Avas directed by 
his Excellency to adjourn the General Assembly till Monday next 
at twelve of the clock at Noon and accordingly adjourned the 
same. 



fp. 270.] Monday Nov' 27 th 1752. 

A number of the House met but not the Speaker. The Secre- 
tary came into the House and said he was directed by his Excel- 
lency to adjourn the Gen 1 Assemby till three of the clock in the 
afternoon and accordingly adjourned the same. 

Post Meridiem. 

A number of the members met but not the Speaker. The Sec- 
retary came into the House and said lie was directed by his Excel- 
lency to adjourn the Gen 1 Assembly till tomorrow morning and ac- 
cordingly adjourned the same. 



1752] JOURNAL OF THE HOUSE. 165 

Tuesday Nov* 28 th 1752. Met according to adjournment. 

The Act relative to the repairing of highways passd to be en- 
acted by the House, and sent up by Mr March & Mr Sanders. 

The Secretary came into the House and brought in three Peti- 
tions namely one from Mr. Joshua Pickerin, one from Mrs Mary Avis 
Executrix &c. and one from Mr. James Hodges(a) and left them 
in the House, — he also said he was directed by the Council to en- 
quire whether the House had acted anything upon the memorial of 
Capt. Symmes which was recommended by the Council last Satur- 
day. 

(a) Jour, of C. & Ass. Nov. 28, 1752. A petition issued by Matthew 
Livermore Esq. as attorney to and in behalf of James Hodges of Boston 
marriner setting forth that he recovered judgment and had execution 
ag^ one Benj a Littleton and one Grotster for sundry sums in the said pe- 
tition mentioned and that in virtue thereof the said Littleton & Grotster 
were comitted to Goal and after made their escape, and that he had Bro't 
his actions as the Law Direct Ag st the Sheriff but fail'cl in s d action the 
Jury declaring the Escape was made thro' the Insufficiency of the Goal 
and Prayed relief!' of the Gen 1 Assembly therein — read & sent Down by 
Mr. Atkinson — 

Adjourned by order of the Speaker till three of the clock after- 



Post Meridiem. 

Met according to adjournment. 

[p. 271.] The House taking under consideration the vote sent 
to the Council upon the memorial of Capt. Symmes winch vote 
was passed last Friday and on Saturday last was brought down to 
the House for their further consideration — voted that the said vote 
be Reconsidered. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



Wednesday Nov r 29 th 1752. 

Met according to adjourn m' 

Mr. Secretary brought into the House a petition of Coll. Sher- 
burn and others & left s d Petition with the House, also said he 
was directed by the Council to enquire whether the House had 
done anything relating to the memorial of Capt. Symmes. In an 
swer to which Mr. Knight was ordered to Inform the Council that 
the House had now that mff&ir under consideration, and Mr. Knight 
accordingly waited upon the Council and delivered the message. 

The House adjourned for two hours by order of the Speaker. 

Post Meridiem. 
Met according to adjournment. 



HJ(> PROVINCE OF NEW-HAMPSHIRE. [1752. 

Upon Reconsidering the memorial of Capt William Symmesand 
it appearing thai it will be of advantage & Benefit Not only to this 
[p. 272.] Government but also to many other of his Majesty's Gov- 
ernments in North America if the lands mentioned in the said 
Memorial were settled by his Majesty's subjects and possession, 
thereof kept and maintained by them, and whereas in the Act En- 
titled an Act for emitting the sum of twenty-five thousand Pounds 
in Bills of Credit on this Province equal to so much Proclamation 
money, upon Loan and for granting unto his Majesty the Interest 
in the said act mentioned, There is (of the said Interest) the sum 
of one Thousand Pounds for cutting Roads, Employing proper 
persons to search out and take plans of such parts of the Province 
as shall be ordered by the General Assembly, which sum hath not 
been improved and applyed as yet for the ends and purposes afore- 
said — Therefore Voted That so much of the said sum of one 
Thousand Pounds part of said Interest as shall be necessary there- 
for be improved and employed to and for the cutting of Roads & 
Building of Bridges to and from said Coos, Namely from Number 
Four so called on Connecticut River to s d place called Coos, and 
from said Coos to Canterbury in s (1 Province, if it shall appear to 
be best and most beneficial to cut said Road from said Coos to- 
[p. 273.] Canterbury afores fl , otherwise in the best place that can 
be found to come to the nearest convenient landing in the way 
from s tl Coos to Portsmouth in s d Province as shall be agreed upon 
by the Committee that shall be agreed upon and appointed by the 
three Branches of the General Assembly for that purpose, and 
that the Person or Persons with whom the said Committee shall 
agree to cut the said Roads and build the said Bridges shall not 
be entitled to receive or have any pay or satisfaction for any thing' 
they shall do in cutting said Roads or building said Bridges in any 
place beyond Canterbury aforesaid unless there shall be grants ob- 
tained by the said William Symmes for himself and associates or 
by any others for four Townships (of six miles square or equal 
thereto each) for four hundred men at said place call'd Coos and 
that there be four hundred effective men (at least) at said Cocs by 
the lasi, day of May next in a suitable posture for sitting down 
there in older for making a settlement in said place and cultivating 
S: improving the said lands. And that Richard Jenness Esq and 
Mi - . Jonathan Lovewell be a Committee of this House tojoynsuch 
as shall be appointed by the Hon ble the Council to effect the Busi- 
[p. 274] ness aforesaid in the best manner they can: and further 
Voted, That the said committee be and hereby are impowered to 
draw out of the Treasury so much of the said one thousand 
Pounds Interest of said Loan as shall be necessary to pay and sat- 
isfy for the ways th»1 shall be cut and the Bridges that shall be 
built in consequence of and agreeable to this vote, and that the 
said Committee make Report to the General Assembly from time 
to time of what they shall do relating to the premises and render 



1752.] JOURNAL OF THE HOUSE. 167 

an account of what moneys they shall draw out of the Treasury 
for the business afores d to the General Assembly from time to time. 
The House adjourn'd till to-morrow morning nine o'clock by or 
der of the Speaker. 



Thursday Nov r y e 30 th 1752. 

Met according to adjournm* 

Voted That Mr. Speaker, Mr. Henry Sherburn jun r & Matthew 
Livermore be a Committee of this House to joyn such as shall be 
appointed by the Honorable Council to consult what is further 
necessary to be done relating to the money granted by the Parlia- 
ment of Great Britain for Reimbursing to this Province part of the 
Expense which this Province was at in taking and supporting Cape 
[p. 275.] Britton and make Report of their doings thereon unto 
the Gen 11 Assembly as soon as may be. 

Sent up by Mr. Sanders. 

The Memorial of Symmes and vote of this House past yes- 
terday relating thereto sent up this day by Mr. Sanders, (a) 

(a) Journ. C. & Asscm. Nov. 30, 1752. Mr. Sanders from the House 
bro't up the memorial of Capt. Win. Symes as Entered the first Instant 
with vote of the House thereon of the 21 th Instant, which was sent back 
by the Council on the said Day recommending a reconsideration, &c with 
the vote on said memorial for granting so much of the Interest of the 
£25000 Loan as may be sufficient for cutting a road from No. 4 to Co-os, 
& from thence to Canterbury, and for choosing a committee to arrange 
that affair. 

The Petition of Henry Sherburn Esq. read and voted that the 
Petitioner have liberty to bring in a general [Bill] all relating to 
Proprietors. Sent up by Capt. Went worth. 

The Secretary brought into the House a copy of the letter sent 
Mr. Thomlinson by the Committee appointed for that purpose and 
left the s d Copy with the House. The House adjourned till three 
of the clock in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Deacon Joseph Philbrick one of the Representatives for the 
Town of Hampton suggests that the s d Town have the Privilege of 
sending two members to set in General Assembly, That at the last 
election of members to sit in Gen 1 Assembly they made choice of 
two persons, namely Richard Waldron Esq. and the s d Joseph 
Philbrick to represent them in Gen 1 Assembly, one of whom, vi^. 
the s d Richard Waldron Esq. hath not attended in Gen 1 Assembly, 
therefore he moves that the s d Richard Waldron Esq. be sent to 
by the House to know whether he will attend in Gen 1 Assembly 
[p. 276.] as one of the Representatives of Hampton or not. 



168 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Voted That the above motion lay for further consideration. 

Mr. Zebulon Giddinge desires his dissent may be entered 
against the vote this day Bent up to the Council relating to the 
mo'rial of Capt. Symmes. Major Davis desires the same. Capt. 
John Wentworth desires the same. 

The House adjourn'd till to-morrow morning nine o'clock by 
order of the Speaker. 



Fryday Dec r y c 1 st 1752. 

Met according to adjournment 

Voted That Mr Speaker, Richard Jenness Esq. and Mr. Henry 
Sherburn Jun'*be a Committee of this House to joyn with such as 
shall be appointed by the Honorable the Council to look out for a 
suitable place m the Town of Portsmouth to build a State House 
upon and draw & prepare a suitable plan thereof and make Report 
ot their doings thereon to the General Assembly as soon as may 
be. 

Sent up by Capt. Gilman. 

Coll. Smith brought into the House from the Council the Act 
for the better repairing of High ways, with the Council's vote 
thereon of concurrence, with the following alteration viz. Dele, in 
the 11 th 12 lh and 13 th lines from the top of the second Page these 
words, viz. During the time of their sitting in the General As 
sembly — which vote of Council was read in the House and voted a 
concurrence and the said words in the said Act were blotted out. 
The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

[p. 277.1 Po st Meridiem. 

Met according to adjournment. 

The Act for the better repairing of High ways and the vote of 
concurrence of this House for an amendment sent up this after- 
noon by John Page, Esq. 

Voted That Eleazer Russell, Esq. & Capt. Israel Gilman be a 
Committee of this House to joyn such as shall be appointed by the 
Honourable the Council to examine and Enquire into the State and 
circumstances ot* the Prison and what part of the Interest of the 
twenty five thousand Pounds Loan appropriated to and tor the Re- 
pairing of the Prison hath been used and applied to that use. also 
to consider what is necessary and proper now to be done as to the 
further Reparation of the Prison, and make Report thereon to the 
Gen 1 Assembly as soon as may be. 

Sent up by Mr. Sanders. 

"Wm. Parker Esq. bro't into the House a memorial concerning a 
workhouse &c. which was read. 

Upon the Reading the Petition of Joshua Pickerin, (a) Voted 



1752.] JOURNAL OF THE HOUSE. 169 

that the Petitioner be heard on his Petition on the third day of the 
sitting of the General Assembly next after the first day of January 
next (if he see cause) and that he at his own cost serve the adverse 
[p. 278.] party with a copy of the Petition and of the votes 
thereon, that he may shew cause if any lie have why the Prayer of 
the Petition should not be granted. 

(a) Journ. C7& Ass m . Nov. 1, 1752. The Petition of Joshua Pickering for 
releiff in an affair of an Execution granted against him from his Maj'y 3 
Superior Court which was founded upon a judgment of s d court in favour 
of Matthias Towle and to rectify a mistake in the said judgment read. 

The House adjourned till tomorrow morning nine o'clock by or 
der of the Speaker. 



Saturday Dec r 2 d 1752. 

Met according to adjournment. 

Mr. Pickerin's petition with the vote of the House pass'd there- 
on yesterday sent up this day by Mr. Knight. 

Capt. James Campbell brought a Muster Roll into the House 
which was read and by him sworn to in the House. 

Order'd that Thos. Millet, Esq. Deacon Joseph Pbilbrick, Peter 
Gilman, Esq. Mr. Zebulon Gidding, Thos. Bell, Esq. Mr. Thos. 
Wiggen and Mr. Joseph Thomas, now absent, be notifyed to ap- 
pear and attend on Monday next in the Gen 1 Assembly, and fur- 
ther 

Order'd That all the members attend on Monday next in Gen 1 
Assembly. 

Memorandum — made out a Notification to each of the s d mem- 
bers and Mr. Speaker took y m for Mr. Philbrick. Esq. Philbrick for 
Coll. Gilman Mr. Gidding and Mr. Wiggen, Maj r Davis for Capt, 
Millet and Mr. Thomas. ^~ 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Monday next ten 
o'clock in the forenoon, and accordingly adjourned the same. 



Monday DeC r 4 th 1752. 
A few of the members met but not sufficient to make a Hou^e. 
[p. 279.] The Secretary came into the House and said he was di- 
rected by his Excellency-to adjourn the Gen 1 Assembly till three 
of the clock in. the afternoon and accordingly adjourned the same. 

Post Meridiem. 
The House met according to adjournment. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



170 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Tuesday Dec 1 5 th 17.52. 

The motion of Deacon Joseph Philbrick as enterd y e 30 th of Nov r 
last being considered the question was put whether Rich d Waldron 
Esq* should be soul unto by this House to know whether lie will 
attend in (Jen 1 .Assembly as one of the Representatives of Hamp- 
ton or Not, — and it passed in the Negative. The following ques- 
tion was put, viz. Whether Richard Waldron Esq. should be ealld 
over in the calling over of the House and it passd in the Negative. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according to adjournment. 

The House adjourned till to morrow morning nine of the clock 
by order of the Speaker. 



Wednesday I3ec r 6 th 1 752. 

Met according to adjournment. 

[p. 280.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen 1 Assembly till Tues- 
day the ninth day of January next at ten of the clock in the fore 
noon and accordingly adjourned the same. 



Tuesday January 9 th 1753. 
A few of the members met but not sufficient to make a House. 
The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till three of the clock 
in the afternoon and accordingly adjourned the same. 

Post Meridiem. 
A number of the members met but not a sufficient Number to 
make a House. The Secretary came into the House and said he 
was directed by his Excellency to adjourn the Gen 1 Assembly till 
tomorrow morning ten of the clock and accordingly adjourned the 
same. 



Wednesday January 10 th 1753. 
A number of the members met, but not sufficient to make a 
house. The Secretary came into the House and said he was di- 
rected by his Excellency to adjourn the Gen 1 Assembly till three 
of the clock in tne afternoon and accordingly adjourned the same. 



1753.] JOURNAL OF THE HOUSE. 17! 



Post Meridie 



m 



The House met according to adjournment. 

The House adjourned by order of the Speaker till tomorrow 
mornino- nine o'clock. 



[p. 281.] Thursday January 11 th 1753. 

Met according to adjournment. 

The House adjourned by order of the Speaker till three of the 
clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. 

The Hon ble Meshech Weave Esq r Speaker of the House being 
absent on Business of Importance The House made choice of Rich- 
ard Jenness Esq r as Speaker pro tempore. 

Mr. Secretary Atkinson brought down the Petition of John 
Pickerin against Matthias Towle, and then by order of the Speak- 
er the House adjourned till tomorrow morning nine o'clock. 



Fry day January y e 12 th 1753 

The House met according to adjournment, 

A message being sent up to the Council in the forenoon to 
enquire what was done relating to sundry votes of this House and 
accts. heretofore sent up to the Council — The Secretary delivered 
to one of the House, after the House was adjourned for the fore- 
[p. 282.] noon, a memorandum containing how these affaires now 
stand — as on tile. 

A petition of Mr. Humphry Scammon was bro't into the .House 
and read. 

The House adjourned till to morrow morning nine o'clock by 
order of the Speaker. 



Saturday Jan y 13 th 1753. 

Met according to adjournment. 

The petition of Mr. John Pickerin this day brought into the 
House by the Secretary was read, and voted That the Petitioner 
be heard on said petition the third day of the sitting of the Gen- 
eral Assembly next after the twenty second day of January cur- 
rent, and that the petitioner at his own cost serve the adverse par- 
ty Matthias Towle with a copy of the Petition and of the votes 
thereon that he may shew cause if any he hath why the Prayer of 
the Petition should not be granted. 

Sent up by Capt. Bell. 



172 PROVINCE OF NEW-HAMPSHIRE. [1753. 

\\ hereas there liatli been no settled allowance for the Treasurer 
of this Province since the rear 1749, Therefore Voted that the 
Treasurer of said Province for the time being be allowed for his 
service as Treasurer sixty Pounds in Bills of Credit of the New 
Tenor, pr. Annum for six years commencing with the year 1750, 
[p. 283.] which is to be in full for his sorvieeias Treasurer. 

Sent up by Capt. Bell. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
at twelve of the clock at noon and accordingly adjourned the 
same. 



Monday January 15 th 1753. 

A number of the members being come in, but not the Speaker, 
the Secretary came into the house about one of the clock P. M. 
and adjourned the General Assembly till three of the clock in the 
afternoon. 

Post Meridiem. 

Met [and adjourned from day to day, without any business, till] 

[v. 284.] Fryday Jan y 19 th 1753. 

Met according to adjournment. 

Mr. Humphry Scammon being called into the House and his 
Petition as on file being Head, he made oath that at the time his 
house was burnt lie had to the best of his knowledge the sum of 
three hundred pounds old Tenor in Bills of Credit on the Province 
of New Hamp r burnt in one Bundle, and that to the best of his 
knowledge another bundle of more than fifteen hundred Pounds 
old Tenor in Bills of Credit were then burnt but how much of this 
Province he cannot say. 

Adjourned till three of the clock in the afternoon. 

Post Meridiem. 

The House met according to adjournment. 

The House adjourned till to-morrow morning 9 (/clock by order 
of the Speaker. 



[r. 285.] Saturday Jan* 20 th 1753. 

Met according to adjournment. 

The House taking under consideration the Petition of Mr. 
Humphrj Scammon and the evidence produced in support and 

maintenance of the facts therein sULTH'ested, 



1753.] JOURNAL OF THE HOUSE. 178 

Voted, That he be paid the sum of one hundred and fifty Pounds 
new Tenor Bills of public Credit on this Province now in the 
Treasury to be burnt to ashes (so much of the Bills of Credit on 
this Province being burnt in the house of the said Scammon,) and 
that the said sum be accounted and Reckoned as so much and 
part of what shall now be burnt and that the Committee for Re- 
ceiving the money now to be burnt pay the same unto him the said 
Scammon or to his order and take a Receipt for the same and 
Lodge it in the Secretarys office. [Concurrd by the council.] 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
at twelve o'clock at Noon and accordingly adjourned the same. 



Monday January 22 d 1753. 

A few of the members met but not sufficient to make a house, 
nor the Sperker, the Secretary came into the House and said he 
was directed by his Excellency to adjourn the Gen 1 Assembly till 
three of the clock in the afternoon and accordingly adjourned the 
same. 

[p. 286.] Post Meridiem (a) 

(a) His Excellency laid before the Board a mandamus from the Lords 
Justices requiring - him to admit & swear Daniel Warner (1) Esq. as one 
of his Majestys Council for this Province which oaths were administered 
in Council and the said TVarner took his place accordingly. 

His Excellency also laid before the Council Sundry Paragraphs out of 
the 14 th . 24, 32 d & 4G Instructions and ordered the same to be Entered in 
the Council Book. 

Met [and adjourned, from day to day, without business, till] 

Wednesday, January 24 th 1753. 

The petition of Mr. Humphrey Scammon and vote thereon in 
the House the 20 th Inst, sent up this day by Mr. Knight, 

The House adjourned till three o'clock in y° afternoon, by order 
of the Speaker. 

Post Meridiem 

Met according to adjournment 

Voted, That the following message be sent to his Excellenc}' the 
Governor. 

May it please your Excellency, 

Whereas a vote has pass'd in this House relating to the Excise upon 
[p. 287.] Liquors within this Province, with which the Secretary has in- 

(1) Hon. Daniel Warner was of Portsmouth. He died in 1778.— Ed. 



174 PROVINCE OF NEW-HAMPSHIRE. [1753. 

formed this House the Council lias concurred and which now lyes for your 
Excellency's assent., and as it is of great Importance to this Government 
that the Excise now due upon Liquors be speedily collected, the House 
prays your Excellency to give your assent unto the said vote. 

Sent up by Mr. Macmurphy. 

A muster Poll of Capt. Jonathan Snow bro't into the House by 
Mr. Jon a. Love well. 

The House adjournd till tomorrow' morning nine of the clock by 
older of the Speaker. 



Thursday Jan* 25 th 1753. 

Met according to adjournment [and adjourned from day to day, 
without business, till] 

[p. 288.] Tuesday, January 30 th 1753. 

A sufficient number of the members met to make a house, but 
the Speaker being absent the House proceeded to the choice of a 
Speaker pro tempore, and made choice of Richard Jenness Esq. 
for Speaker, pro tempore (in order to proceed upon business) who 
took the Chair. 

Mr. Knight was sent up to enquire whether the Governor hail 
assented to the vote relating to the Excise, who returned and re- 
[p. 280.] ported that, the Secretary said the Governor had not as- 
sented to it but now had it under consideration. 

Mr. Joshua Pickerin bringing into the House his petition and 
the orders thereon and signifying that the Respond' in said peti- 
tion was not duly notified of the time appointed for the Hearing 
thereof and praying that a further day may be appointed for thai 

Therefore Voted that the Petitioner be heard on the said peti- 
tion on the third day of the General Assembly next after the 
twentyeth day of February next and that the Petitioner at his 
own cost serve the adverse party with a copy of the said Petition 
and of the votes thereon by delivering the same at the usual place 
<>f his abode at least ten days before the day of hearing, that he 
may shew cause, if any he have why the prayer of the petition 
should not be granted. 

Sent up by -J. Phil brick. Esq. 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The House adjourn'd till tomorrow morning nine o'clock by or 
der of the Speaker. 



1753.] 



.JOURNAL OF THE HOUSE. 17. 



£p. 290.] Wednesday January 31 st 1753. 

Met according to adjournment, 

Whereas it appears necessary that there should be a new Pro- 
portion made in each Town Parish and District within this Prov- 
ince in order to an equal Payment of the Province Taxes — There- 
fore Voted that the Select men (or the major part of them) of each 
Town Parish or District within this Province at the charge of such 
Town Parish or District Respectively, shall take an exact invoice of 
all Rateable male Polls & Rateable Estates within their respective 
Towns Parishes and Districts in the month of March next in the man- 
ner following, namely, of all Rateable male Polls from sixteen years 
old and upwards, of all Indian Negro and Molatto Slaves and ser- 
vants (male and female) above sixteen years of age, of the number 
of Dwelling Houses, of all Improved lands, namely arable, orchard, 
meadow and pasture land (Pasture land so much as will keep one 
cow to be reckoned four acres,) of the number of acres of each sort 
& kind, of all Horses and mares above four years old, of all colts 
of three years old, two years old and one year old, the number of 
each, of all oxen four years old and upwards, of all cows four years 
old and upwards, of all young cattle namely three years old, two 
[p. 291.] years old and yearlings, and of all mills, and of the yearly 
Rent thereof in the Judgern* of the s d Select men, yearly Repairs 
being deducted, and that the Selectmen of each Town Parish and 
District afores d make Report of their doings under oath (such oath 
to be administered by any Justice of the Peace within this Prov- 
ince) to the Clerk of the House of Representatives for s d Prov- 
ince, by the tenth day of April next, and that the Secretary send a 
copy of this vote (when completed) unto the select men of each 
Town Parish and District within this Province at the charge of 
the Province. 

Sent up by Mr Wiggin. 

The Honse adjourned till three o'clock in the afternoon by or 
Aqv of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Sampson Sheaf Esq. brought from the Council the Petition of 
James Stoodly, jun,(a) & Nath 1 Doe. 

(a) Jour, of C. & Ass. Jan. 31, 1753. The petition of James Stoodlev, 
juu. for himself and Partners praying a further consideration from a Loss 
sustained in the affair of the Sloop Speedwell hired by this Government 
to go to Erance with Erench Prisoners &c. read & ordered to be sent 
Down to the House. 

Whereas there are sundry Persons inhabiting within the Prov- 
ince of New Hampshire upon a tract of land within said Province 
call'd and known by the name of Souhegan west, the major part 
of which lyes within no Township, Contoocook* so call'd that lyes 
within no Township, part of Pennycook so call'd and part of 



L7(l PROVINCE OF NEW-HAMPSHIRE. [1753. 

Suncook s<> caJl'd that lye within no Township within this Prov- 
ince, so as they or their Estates can by Law be taxed towards the 
supporting and defraying the charges of this Province, and who 
are in such circumstances as that they ought to help maintain and 
[p. 292.] support the Provincial charges — therefore Voted that 
part of Souhegan west not within any township be one District, 
Contoocook, That part of Pennycook and that part of Sun- 
cook not lying within any Township be one District, and that 
an act be drawn up to oblige them to pay their Proportion 
of the Province Tax and to enable them to raise the same, 
and that John Macmurphy Esq. and Mr. Jonathan Lovewell be a 
Committee of this House to joyn such as shall be appointed by the 
Honorable the Council to draw up an act accordingly. 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Thursday Feb y 1 st 1753. 

Met according to adjournment. 

The petition of James Stoodly jun. <fc Nath 1 Doe being read or- 
dered that it lay for consideration. 

The vote pass'd yesterday relating to making a District Act sent 
up this day by Mr. Thomas. 

Mr. Secretary brought into the House the vote of this House 
sent, up yesterday relating to a new Proportion, and said the 
Council made two objections to it, namely, one that the Return 
ought not to be made by the selectmen unto the Clerk of this 
House, but into the Secretary's office, or that there should be a du- 
[p. 293.] plicate thereof, also that the vote did not mention what 
places were to be sent unto which he said ought to be made cer 
tain in the vote, and left the vote with the House for their Recon- 
sideration. 

The House adjournal till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary in the forenoon brought into the House the vote 
relating to the Excise and said Ins Excellency could not see his 
way clear, so as to assent thereunto in the whole but that the Com- 
mittee might proceed to draw up an act for the gathering and col- 
lecting the Excise now due. 

The House upon reconsidering their vote sent up yesterday re- 
lating to a new Proportion and this day brought back again by the 
Secretary into the House for their Reconsideration, Adhere to the 
said vote, Excepting that the Selectmen make their Report into 
the Secretary's office and not unto the Clerk of the House of Rep- 
resentatives, Excepting also that the Secretary send to the places 



1753.] JOURNAL OF THE HOUSE. 177 

hereafter mentioned, namely, To Portsmouth, Greenland, Hampton, 
Hampton Falls, North Hampton, Kensington, Southampton, Do- 
ver, Summersworth, Durham, Newington, Exeter, Newmarket, 
Epping, Brintwood, Kingston, Kingston East Parish, London- 
derry, Wendham, Stretham, New Castle, Rye, Dunstable, Chester, 
[p. 294.] Rochester, Nottingham West, Litchfield, Nottingham, 
Barrington, Gosport, Salem, Pelham, Newtown, Plaistow, Hamp 
stead, Hollis, Merrimack, Monson, Bedford, Bow, Canterbury & 
Derryfield. [Concurrd by Council.] 

The House adjournd till tomorrow morning nine o'clock by 
order of the Speaker. 

Fryday February 2 d 1753. 

Met according to adjournment 

The vote pass'd yesterday for Reconsidering the vote for a New 
Proportion sent up this day by Deacon Joseph Philbrick. 

The House adjourn'd till three of the clock in the afternoon In- 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment 

The House adjourned for the space of half an hour by order of 
the Speaker. 

The House met according to adjournment. 

The Secretary brought into the House the Petition of Alexander 
Park and others which was read and Voted, That the Petitioners 
be heard on their Petition on the third day of the sitting of the 
General Assembly next after the tenth day of February Instant 
and that the Petitioners at their own cost serve James Dunlap,. 
Hugh Brown and Joseph Clyde, Selectmen of the Parish of Wend- 
ham for the year 1751 with a copy of the said Petition and of the 
order thereon to appear and shew cause, if any they have, why 
[p. 295.] the prayer of the Petition should not be granted. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



Saturday Feb. 3 d , 1753. 

Met according to adjournment. 

The Petition of Alexander Park and others pass'd yesterday 
sent up this day by John Macmurphy Esq. 

The Act for Reviving the Act more effectually to prevent j)ro- 
fane cursing and swearing being read a third time Voted That it 
pass to be enacted, — and sent up by Mr. Thomas. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenoon, and accordingly adjourned the 
same. 

J2 



ITS PROVINCE OF NEW-HAMPSHIRE. [1753. 

Monday February y° o th 1753. 
A few of the members met but not sufficient to make a House & 
there being no Speaker come the Secretary came into the House 
and said lie was directed by his Excellency to adjourn the General 
Assembly till three of the clock in the afternoon and accordingly 
adjourned the same. 

Post Meridiem. 
A few of the members met but not sufficient to make a house 
and there being no Speaker come the Secretary came into the 
House and said he was directed by his Excellency to adjourn the 
General Assembly till tomorrow morning ten o'clock and accord- 
ingly adjourned the same. 



[p. 296.] Tuesday February 6 t!l 1753. 

Met according to adjournment. 

The House adjourned till three of the clock in the afternoon by 
r of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

AVhcreas Richard Waldron Esq. hath been returned by the Se- 
lectmen of Hampton as one of the members elected to Represent 
the said Town in the present General Assembly, and whereas the 
-aid Richard Waldron Esq. hath signified to this House in writing 
under his hand, that he renounces his Right to a seat in the pres- 
ent General Assembly — Therefore Voted that a Writ issue from 
the Speaker of this House to the Sheriff of the Province of New 
Hampshire requiring him immediately to send his Precept to the 
Select men of Hampton afores d requiring them to cause the free- 
holders of s d Town qualifyed by Paw to assemble at such time and 
place as they shall appoint to represent them in y c General Assem- 
bly the fourteenth day of February Inst, at ten of the clock in the 
forenoon (in the room of s' 1 Richard Waldron Esq.) if the General 
Assembly be then sitting, and if not then sitting, on the second 
•fits silling afterwards and so Die in Diem during its sessions. 

The House then adjournd till tomorrow morning nine o'clock 
b\ order of the Speaker. 



Wednesday Feb. 7 th 1753. 
e House mel according to adjournment 
This day a writ issued from the Speaker to the Sheriff of this 
province iov the choice of a Representative for the Town of 
Hampton in the Room of Richard Waldron Esq. who hath re- 
p. 297.] nounced his Right to a seat in the House. 



1753.] JOURNAL OF THE HOUSE. 179 

The House adjourn d till 3 o'clock in the afternoon by order of 
the Speaker, 

Post Meridiem. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Thursday February 8 th 1753. 

Met according to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment 

The Speaker being absent on the business of the Government 
the House made choice of Richard Jenness Esq. for their Speaker 
pro tempore who accordingly took the chair. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



Fry day, Febr? 9 th 1753. 

Met according to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Voted That if any member of the Council or the House of Rep- 
resentatives purchase of the Canada stores to the value of seventy- 
five Pounds new Tenor or under, he shall not be oblig'd to pay the 
money down but it shall be sufficient to give his note for what he 
[p. 298.] purchases to the vendue master for the use of the Gov 
eminent payable on demand. Sent up by Capt. Gilman. 

The House adjournd till to-morrow morning nine o'clock by or 
■der of the Speaker. 



Saturday February y e 10 th 1753. 

Met according to adjournment. 

The act for appointing, collectors to collect the Excise on sev- 
eral liquors having been read in the House three times, Voted that 
it pass to be enacted, and sent up by Esquire Philbrick and Es- 
quire March. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenoon and accordingly adjourn'd the 
same. 



1N0 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Monday February y e 12 th 1753 
A few of the members met but not a House nor the Speaker. 
The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till three of the clock 
in the afternoon and accordingly adjournd the same. 

Post Meridiem. 
Met [and adjournd from time to time till] 

[p. 290.] Wednesday February y e 14 th 1753. 

The Sheriff brought into the House the Precept for the choice 
of a Representative for Hampton with his Return thereon, that 
they had made choice of 3Ir. Jonathan Tuck. 

Ordered That a message go to his Excellency and acquaint him 
that there is a member returnd for Hampton in the Room of Rich- 
ard Waldron Esq. who hath Resigned his seat in this House, and 
desire his Excellency that he may be qualifyed. Matthew Liver- 
more and Mr. Henry Sherburn were sent to deliver the above mes- 
sage, who returned and said they had deliverd the same to the 
Council, his Excellency not being at the Council Board. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary came into the House and in answer to the mes- 
sage sent to his Excellency in the forenoon relating to the member 
returnd for Hampton said it was a thing that was new and that he 
desired to see the Precept that went out from the House with the 
[p. 300.] Return thereon and in a day or two he would give his 
answer. 

The Secretary also brought into the House an answer to the Pe- 
tition of Alexander Park and others and said that the original Pe- 
tition was left with the Governor at Little Harbour, that a copy of 
the s <l Petition might be had and that the House might proceed upon 
the copy, otherwise that it might be put off till tomorrow that the 
original may be had. 

Upon the motion of Mr. Sam 1 Morrison that the hearing of the 
Petition of Alexander Park and others be put off untill tomorrow, 
ordered that it be put off untill tomorrow. 

In answer to his Excellencys message by Mr. Secretary this af- 
ternoon desiring to see the Precept that went out to Hampton for 
the choice of a member in the Room of Richard Waldron, Esq. 
and the Return thereon, Orderd That the Precept and Return 
thereon be sent t o his Excellency with a message praying that his 
Excellency would be pleased to order the member returned to be 
qualifyed and informing him that the House cannot at present see 
their way clear to proceed upon any Business till the said member 
be qualifyed. 



1753.] JOURNAL OF THE HOUSE. 181 

Sent up by Mr. Sherburne and Esquire Philbrick. 
The House adjournd till tomorrow morning nine o'clock by or- 
der of y e Speaker. 



[p. 301.] - Thursday Feb y 15 th 1753. 

Met according to adjournment. 

The Petition of Alexander Park &c. bro't into the House by the 
Secretary. The House adjournd till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem. 

The House met according to adjournm*. 

The Secretary brought into the House a written message from 
his Excellency and left it — he also brought in the Precept issued 
by the House for the choice of a member for Hampton sent yester- 
day to his Excellency by Mr. Sherburn and Esq 1 ' Philbrick and left 
it. 

His Excellencys Message, 

[Copied from MS. Gov rs messages Vol. II. p. 97.] 

Mr. Speaker & 

Gentlemen of the Assembly 

Yesterday in Council the Secretary laid before me the substance of 
your message desiring that I would give orders for the qualifying a new 
member, & iu the afternoon of the same day Mr. Sherburn and Mr. Phil- 
brick delivered me from the House the authority by which the said mem- 
ber was elected. As the manner of introducing this new member was 
new to me, I thought it worthy of consideration, & in the short time I 
have taken to consider of it, I find the method of introducing this new 
member is directly contrary to what his Majesty in his great wisdom has 
directed to and appointed for calling members to sit in General Assembly, 
which ought to be invariably regarded — That it is my opinion the member 
you refer to do's not legally appear in the House, and I also fiud that for- 
mer Assemblys have upon the death or incapacity of a returned or siting 
member addressed the King's Governor, regularly to issue the Kings writ 
to supply the vacancy occasioned by such death or incapacity, which 
ought to have been clone in the present case. 

Notwithstanding I have these objections to contend with, this session 
having already been spun out to an unusual & unreasonable length, I have 
thought it for his Majesty's service & the good of his subjects to direct 
the Secretary to qualify the returned member for Hampton, but that this 
condescention is not to be pleaded as a precedent in similar cases in this, 
nor in succeeding Assemblys, having submitted the other points to his 
Majesty to prevent delays in our public concerns at this critical Conjunc- 
ture. 

Council Chamber in B. Wentworth. 

Portsmouth, Feb. 15 111 1753. 

His Excellency informing the House in his written message 
that he had directed the Secretary to qualify the Returnd mem- 
ber for Hampton, Coll. Gilman and Mr. Gidding were sent to In- 



182 PROVINCE OF NEW-HAMPSHIRE. [1753, 

form that the said member was in the House, soon after which the 
Secretary came into the House and qualified him. 

Sam 1 Morrison who appears in behalf of Alexander Park and 
others, moving that he might be heard by Council, And the Re- 
spondents moving that they were not prepared with Council The 
hearing of the Petition is put off till tomorrow three of the clock 
in the afternoon. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



Fry day Feb- V 16 th 1753. 
Met according to adjournment. 

[p. 302.] The House adjournd till three of the clock in the af 
ternoon by order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Mr. Samuel Morrison who appeared to prosecute the Petition of 
Alexander Park &c. and the Respondents came into the House 
and moved that the hearing upon the Petition might be put off to 
some further day. Therefore ordered that the Hearing upon the 
said Petition be put oft* till Thursday next if the General Assembly 
shall be then sitting, and if not then sitting then on the third day 
of their sitting afterward. 

The House adjourned till tomorrow morning nine of the clock 
in the forenoon by order of the Speaker. 



Saturday Feb y 17 th 1753. 

Met according to adjournment 

Voted That the Committee of this House for Examining into 
the Treasurer's acc ts . be a Committee of this House to joyn such as 
shall be appointed by the Hon blc the Council to receive and exam- 
ine the accounts of Theodore Atkinson Esq. relating to the Can 
ada Expedition, and make Report thereon to the Gen 1 Assembly 
as soon as may be. 

Sent up by Esquire Philbrick. 

[p. 303.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen 1 . Assembly till Moil 
day next ten of the clock in the forenoon and accordingly 
adjourned the same. 



1753.] JOUENAL OF THE HOUSE. 183 

Monday February 19 th 1753. 
A few of the members met but not sufficient to make a house, 
nor the Speaker. The Secretary adjourned the Gen 1 Assembly till 
three of the clock in the afternoon. 

Post Meridiem, 
Met and adjourned [from time to time, till] 

[p. 304.] Thursday i\ m. February 22 d 1753. 

Upon hearing the Petition of Alexander Park and others and 
the Respondents and considering the evidence produced by the 
partys, Voted That the choice of both the sets of officers made at 
the annual meeting referred to in the said Petition was illegall 
and that the said choice be and hereby is declared to be null and 
void and that there be a meeting held in the said Parish ot Wind- 
ham on the first Tuesday of March next for the choice of Parish 
officers for the s d Parish of Windham for the year 1752, and that 
Peter Gilman Esq. be and hereby is appointed & authorized to 
call the said meeting and to be the moderator of the s d meeting 
and that the s d Peter Gilman Esq. put up or cause to be put up a 
Notification of the time and place of meeting at the meeting 
House in said Windham and also at the dwelling house of John 
Christy Innholder in s d Windham at least four days before the 
time of holding said meeting. Sent up by Capt. Gilman. [Vote 
concurrd by Council.] 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Fryday Feb y 23 d 1753. 

Met according to adjournment. 

[p. 305.] The Secretary brought into the House the Act for the 
Better Repairing of High Ways and said the Governor upon 
Reading over the Acts relating to High Ways observed that in 
this Act there is no notice taken of them either by way of addi- 
tion or amendment which the Governor thinks ought to be done. 

Upon Reading the Petition of James Hodges & considering the 
evidence produced in support thereof, Voted That there be paid 
out of the money that shall be put into the Treasury by the next 
Supply Bill unto the said James Hodges his Executors Adminis- 
trators or attorney the sum of nineteen Pounds four shillings three 
pence new Tenor in full of the two Judgments referred unto in 
said Petition and the necessary charges the said James Hodges hath 
been at for the obtaining the moneys Recovered by him against 
the said Littleton and Grotster. [Concurrd by Council.] 

The House adjourned till three of the clock afternoon by order 
of the Speaker. 



184 PROVIN'CE OF NEW-HAMPSHIRE. [1753. 

Post Meridiem. 
Met according to adjournment. 

Upon Reading the Petition of Joshua Pickering and consider- 
ing the evidence produced by the Petitioner, Voted that the 
Prayer of the Petition be granted and that the Petitioner have 
liberty to bring in a Bill accordingly. [Concurrd by Council] 

The House adjournd till tomorrow morning nine o'clock by 
order of the Speaker. 



[p. 30C] Saturday February 24 th 1753. 

Met according to adjournment. 

The act relating to Highways which was brought into the House 
yesterday by the Secretary being altered in the Title was this day 
sent up again by Deacon Philbrick. 

Also the Petition of Joshua Pickerin with the vote of this 
House thereon. x\lso the Petition of James Hodges with the vote 
of this House thereon, sent up by Deacon Philbrick. 

The Secretary came into the House & said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Monday next ten 
of the clock in the forenoon and accordingly adjournd the same. 



Monday February 26 th 1753. 
A few of the members met but not sufficient to make a House — 
[and adjourned] till 

Tuesday, February 27 th , P. M. 1753. 

[p. 307.] There being a sufficient number to make a house, and 
the Speaker being absent the House made choice of Richard Jen- 
ness Esq 1 ' for Speaker pro Tempore, who accordingly took the 
•chair. 

The Act for Regulating the sizes and admeasurement of Lum- 
ber, etc. having been read three times A'oted that it pass to be en- 
acted, and sent up by Mr. Lovewell, [Concurred by Council and 
assented to by the Governour.] 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker pro tempore. 



Wednesday February 28 th 1753. 

Met according to adjournment. 

The Proprietary Act having been read three times. Voted that 
it pass to be Enacted and sent up by Mr. Knight. 

The House adjournd till three of the clock in the afternoon In- 
order of the Speaker pro tempore. 



1753.] JOURNAL OF THE HOUSE. 185 

Post Meridiem. 
Met according to adjournment. 
The House adjournd [from time to time] till 

[p. 308.] Fryday March Second, 1753, P. M. 

The Committee of this House brought into the House the ae- 
compt of the Hon ble George Jaffrey Esq. dec'd (1) late Treasurer 
and Receiver General of his Majesty's Revenues within his Maj- 
esty's Province of New Hampshire of the late intended Expedition 
against Canada, and acc ts of Province Taxes and contingencies 
rendered by George Jaffrey Esq. Adm r . 

Yoted That the account of Theodore Atkinson Esq. be allowed, 
(a copy of which is on file) and That Theod. Atkinson Esq. pay 
the Ballance thereof being thirteen hundred and forty six Pounds 
seventeen shillings and four pence one farthing new Tenor unto 
the Treasurer. 

The House adjournd till tomorrow morning nine o'clock by ol- 
der of the Speaker. 



Saturday March the third 1753. 

Met according to adjournment. 

Upon Reading the Petition of Mrs. Mary Avis Executrix of the 
last will and Testament of John Avis late of Boston in the County 
of Suffolk in the Province of the Massachusetts Bay mariner dec'd, 
[p. 309.] and considering the Evidence produced, Voted that there 
be paid out of the money that shall be jmt into the Treasury by 
the next Supply Bill unto the said Mary Avis, her Executors, ad 
ministrators or attorney the sum of fifty nine Pounds fourteen 
shillings and six Pence new Tenor in full of the three Judgments 
refer'd unto in the said Petition and the necessary charges the said 
Mary hath been at for the obtaining the moneys Recoverd against 
the said Grotster and Littleton. 

Sent up by Mr. Sanders. [Concurred by Council.] 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenoon and accordingly adjourned the 
some. 



1753. 

A few of the members met but not sufficient to make a house, 
nor the Speaker, [and adjourned] till 

Tuesday March 6 th 1753, P. M. 
Mr. Sec y Bro't down from the Council the Petition of S r Wil 
Ham Pepperell, Barronet, which is on file. 

(1) Hon. Geo. Jaffrey died May 8, 1749, aged GG. See notice of him p. 126, Vol. V.— Ed. 



L8ti 



PROVINCE OF NEW-HAMPSHIRE. [1753. 



[p. 310.] The House adjournd till tomorrow morning nine of 
the Clock, by order of the Speaker. 



March y e 7 th 1753, Wednesday. 
Met according to adjournment — The House adjourned till three 
of the clock in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment 

Upon Reading the Petition of Sir William Pepperell,(a) 

(a) Jour. C. & Ass. March G, 1753. The petition of S r William Pcpper- 
ell Bar. praying to be Enabled to Redeem Parte of the Estate of Simon 
Oilman Deceased from the mortgages &c. And to have the benefit thereof 
towards Discharging a Debt Due from the said Simon to the Petitioner 
which was read and sent down. 

Voted that there he a hearing thereon upon the second day of the 
sitting of the Gen 1 Assembly next after the twentieth day of March 
Instant And that the Petitioner at his own cost send Mark Hunk 
ing and Nath 1 Meserve Esqs. Executors of the last Will and Test- 
ament of Jotham Odiorne late of Portsmouth in the Province of 
New Hampshire Esq. dec'd,(l) with a copy of s d Petition and of 
the order,s thereon, and also Mr. William Moor and Mrs. Elizabeth 
Oilman Administrators to the Estate of Simon Gilman with a copy 
of the s (l Petition and the orders thereon to appear and shew 
cause if any they have why the Prayer of the Petition should not 
be granted. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



Thursday March y e 8 th 1753. 

Met according to adjournment 

The Petition of Sir William Pepperell sent up this day with the 
vote thereon by Mr. Knight. 

Adjournd till three of the clock in the afternoon by order of the 
Speaker. 

[p. 311. | Post Meridiem. 

Met and adjournd [from time to time,] till 

Monday March -y e 12 th 1753. 
A verbal message sent this day to the Council by Mr. Livermore 

(1) Jotham Odiorne, Esq. died Aug. \C>. 174S, aged 73— Ed. 



1753.] JOURNAL OF THE HOUSE.' 187 

to know what was done relating to the vote of the House of the 
12 th of December 1746, and also relating to the vote of the House 
of the 27 th of May 1748 for grant made to his Excellency of two 
hundred and fifty Pounds by each of said votes. The Secretary 
came into the House and said the Council had concurred with each 
of said votes but that his Excellency had assented to neither of 
them. 

Voted That Richard Jenness Esq. And Mr. John Knight be a 
Committee of this House to joyn such as shall be appointed by the 
Honorable Council to receive from the Trustees for letting out the- 
[p. 312.] twenty-five thousand Pounds Loan what of the Principal 
sum of said Loan the said Trustees have Receiv'd, and put what 
they shall receive of the said Trustees into the Treasury, taking; 
the Treasurer's Receipt for the same and that the same remain in 
the Treasury till further order of the Gen 1 Assembly, and the 
said Committee make Report of their doings to the Gen 1 Assembly 
as soon as may be. [Concurred by Council.] 

John Gage Esq. brought into the House two Commissary ac- 
counts which he swore to and left in the House. 

The House adjourn d till tomorrow morning nine of the clock by 
order of the Speaker. 



Tuesday March 13 th 175B. 

Met according to adjournment. 

The Petition of Nath 1 Nason and others read. 

The vote past yesterday relating to the Principal of the Loan in* 
the hands oi the Trustees sent up this day by Mr. Sanders. 

The House adjourn'd till three of the clock in the afternoon by- 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That there be allowed and paid unto his Excellency Ben- 
ning Wentworth Esq. Governor and Commander-in-chief in & 
over the Province of New Hampshire, out of the money that is 
or shall be in the Treasury the sum of two Thousand Pounds new 
Tenor in full discharge of any and all arrearages and deficiencies 
[p. 313.] in his Excellency's salary upon all accounts whatsoever 
unto the twelfth day of December 1752, and that his Excellency 
draw the same out of the Treasury by his Warrant by and with 
the advice of his Majesty's Council : — Also that each member of 
his Majesty's Council be allowed and pay'd out of the money that 
is or shall be in the Treasury the sum of Eleven shillings new 
Tenor for every day of their attending in General Assembly from 
the third day of January 1748-9 until the dissolution of the pres- 
ent General Assembly, and also three pence new Tenor per mile 
for travelling to and from the place of the sitting of the General 



188 



PROVINCE OF NEW-HAMPSHIRE. [17. 



Assembly, every time the General Assembly is adjournd or Pro 
rogued from Saturday to Monday or for any longer time during the 
said term. The same to be paid by the Treasurer upon a certifi- 
cate of the Secretary. 

Also that each member of the House of Representatives in the 
last Assembly be allowed and paid out of the money that is or shall 
be in the Treasury the sum of nine shillings new Tenor for every 
day of their attending in General Assembly from the third day of 
January 1748-0 untill the Dissolution thereof which was on the 
fourth day of January 1752, and also three Pence new Tenour per 
[p. 312.] (1) mile for travelling to and from the place of the sit 
ting of the General Assembly every time the General Assembly 
was adjourned or Prorogued from Saturday to Monday or for a 
longer time Except such as live more than twenty miles distant 
from the place where the General Assembly sits, who are not to be 
allowed Travil unless when the Gen 1 Ass m was adjourned or Pro- 
rogued for a longer time than from Saturday to Monday. But 
when the adjournment or Prorogation was from Saturday to Mon- 
day instead of Travel to be allowed one days pay, And that the 
said members be paid by the Treasurer upon a Certificate from the 
Clerk of the present House of Representatives And that each 
member of the present House of Representatives be allowed and 
paid out of the money that is or shall be in the Treasury the sum 
of nine shillings new Tenor for every day of their attendance in 
General Assembly from the nineteenth day of September 1752 un- 
til the dissolution of the present General Assembly, and also three 
Pence New Tenor per mile for travelling to and from the place of 
the sitting of the General Assembly every time the General Ass ,n 
has been or shall be adjourned or Prorogued from Saturday to 
Monday or for a longer time, Except such as live more than twen- 
ty miles distant from the place where the General Assembly sits, 
who are not to be allowed Travil unless when the General Assem 
[i\ 313.] bly has been or shall be adjourn'd or Prorogued for a 
longer time than from Saturday to Monday. But when the ad- 
journm* or Prorogation hath been or shall be from Saturday to 
Monday, instead of Travel, to be allowed one days Pay, and that 
the said members be paid by the Treasurer upon a Certificate from 
the Clerk of the House of Representatives: Also that there be al- 
lowed and paid out of the money that is or shall be in the Tivas 
u ry unto Theodore Atkinson Esq. for his service as Secretary the 
sum of seventy five Pounds New Tenor yearly from the twenty- 
fifth day of March 1748 to the first day of January 1753, being 
five years and three quarters of a year, amounting to the sum of 
three hundred and fifty six Pounds live shillings New Tenor to be 
drawn out of the Treasury by his Excellences warrant by and 
with the advice of the Council. Also that the Secretary for this 

(1) Pages 312 and 318, repeated by error in the original record.— Ed. 



L753.] 



JOURNAL OF THE HOUSE. 189 



Province be allovv T ed the sum of one hundred Pounds New Tenor 
for the current year commencing the first day of January 1753 
and ending the first day of January 1754, to be paid at the end of 
the vear and to be drawn out of the Treasury by his Excellency's 
WaiV by and with the advice of the Council. Also that Meshech 
Wear Esq. who acted as clerk of the late House of Representa- 
tives be allowed and paid out of the money that is or shall be in 
[p. 314.] the Treasury the sum of nine shillings new Tenor per 
Day for his service as clerk for each day of his attendance (Exclu- 
sive of his wages as a member of the House of Representatives) 
to be paid him by the Treasurer upon a certificate from the clerk 
of the present House of Representatives. . . Also that the Clerk 
of the Present House of Representatives be allowed and paid out 
of the money that is or shall be in the Treasury the sum of nine 
shillings new Tenor per day, for each day of his attendance in 
General Assembly (Exclusive of his wages as a member of the 
House of Representatives,) to be paid him b} r the Treasurer upon 
a Certificate from the Clerk of the House of Representatives. . . 
. . Also that whatever sum or sums that shall be allowed by the 
General Assembly for Muster Rolls shall be paid out of the money 
that is or shall be in the Treasury to be drawn out of the Treasury 
by his Excellency's Warrant by and with the advice of the Coun- 
cil Also that Mr. Benjamin Akerman Door keeper be 

allowed and paid out of the money that is or shall be in the Treas- 
ury the sum of seventy five Pounds new Tenor in full for his ser 
vice as Doorkeeper untill the twenty fifth day of March 1753, to 
be drawn out of the Treasury by his Excellency's Warr* by and 
with the advice of the Council. 

A new vote follows. 

[p. 315.] Whereas this government has been at very great ex- 
pence & charge in supporting the government of this His Majes- 
ty's Province, in defending the fronteers in the late war, and car- 
rying on the war against his Majesty's enemies, and also in pre- 
venting an intended Expedition against Canada by reason and 
means whereof the publick is loaded with a great and heavy debt : 
and whereas a vote has this day passed this House granting sun- 
dry allowances to sundry persons to whom the Province is indebt- 
ed — Now in order to discharge the Public Debts &, to bring in and 
sink the Bills for promoting the said intended Expedition against 
Canada as fast as the circumstances of the Province will admit of, 
if the said vote of this House of this Day shall pass the Honour- 
able the Council and shall be assented to by his Excellency — 

Voted that there be a further Tax of Twelve thousand five hun- 
dred Pounds new Tenor laid upon the Polls & Estates in this Prov- 
ince to be paid in five annual payments. The first payment to be 
made by the last day of December 1753 and so yearly by the last 
day of December untill the whole is paid. And that the Treas- 
urer issue out his Warrants accordingly by the last day of May 



190 PROVINCE OF NEW-HAMPSBIRE. [1753. 

yearly agreeable to a new Proportion to be made by the General 
Assembly, and as the same shall be paid into the Treasury to re- 
[p. 316.] main there to be disposed of as the General Assembly 
shall order for the uses aforesaid — And that Mr. Speaker Mr. Sher- 
burne and Mr. Livermore be a Committee of this House to joyn 
such as shall be appointed by the Honorable the Council to draw 
up an act accordingly. [Council concurred.] 

The House adjourned till tomorrow morning- nine o'clock by 
order of the Speaker. 



Wednesday March y c 14 th 1753. 

Met according to adjournment. 

Mr. Speaker Wear being absent in Public Business, — Voted 
that Coll. Peter Gillman Esq. be speaker pro tempore. 

Matthew Livermore Esq. clerk of the House being absent. 
Voted That Eleazer Russell Esq r be Clerk pro tempore. 

Voted That the muster Roll of Capt. John Goffe for forty-four 
men scouting the Frontiers in the year 1748 amounting to £520 
19: 5 including Billeting and amunition be allowed and paid out 
of the money in the Treasury — the money to be paid to each man, 
his order Attorney or legal Representative. 

Voted That the Muster Roll of Capt. John Goffe for himself and 
thirty two men scouting and guarding the Frontiers in the year 
1748 amounting to £610 : 10 : 5 including Billeting and ammuni- 
tion be allowed & paid out of the money in the Treasury, Each 
man's wages to be paid him his order Attorney or legal Repre- 
sentative. 

And then the House adjournd till three by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

[p. 317.] A private Act for enabling the judges of the Sup' 
Court to Examine into two Judgments between Joshua Pickerin 
and Matthias Towle having been read three times pass' 1 to be en 
acted. Sent up by Mr. Sherburne. 

Mr. Speaker Wear being absent on public Business 

Voted That Coll. Peter Gilman Esq. be Speaker pro Tempore. 

The Committee for auditing the Treasurers accounts brought 
into the House the accounts of the late Treasurer George Jaffrey, 
Esq. with a Report thereon which was read — and the House ad- 
journd till tomorrow nine of the clock. 



Thursday March 15 th 175;). 
Met according to adjournment. 

Mr. Speaker Wear being absent on public Business Voted That 
Coll. Peter Gilman Esq. be Speaker of the House pro Tempore. 



1753.] 



JOURNAL OF THE HOUSE. 191 



Voted That the Muster Roll of Capt. Obadiah Parry for 
himself and thirty seven men guarding the Frontiers in the year 
1748 amounting to five hundred Eighty two Pounds fourteen shil- 
lings and seven pence for wages, Billeting and ammunition be al- 
lowed and paid out of the money in the Treasury, the wages to be 
paid to each man, his order attorney or legall Representative. 

Voted That the Muster Roll of Capt. Andrew Todd for himself 
and Twenty-live men for Guarding the Frontiers in y e year 1748 
amounting to six hundred Eighty Eight Pounds three shillings and 
one penny for wages, Billeting and ammunition be allowed and 
paid out of the money in the Treasury — The wages to be paid to 
each man, his order attorney or legall Representative. 

Voted That the Muster Roll of Capt. Jonathan Snow for him- 
[p. 318.] self and thirty men guarding the Frontiers in y e year 1750 
amounting to Eighty six Pounds fourteen shillings for wages, be 
allowed and paid out of the money in the Treasury, the wages to 
be paid to each man, his order attorney or legal Representative. 

Voted That the muster Roll of Capt, James Campbell for him- 
self and fifteen men Guarding the Frontiers in the year 1750 
amounting to sixty two Pounds twelve shillings & two pence for 
wao-es Billeting and ammunition be allowed and paid out of the 
money in the Treasury, the wages to be paid to each man, his or- 
der attorney or legal Representative. 

Voted That the Muster Roll of Capt. Job Clements deceased, 
for himself and twenty one men Guarding the Frontiers in the 
year 1748 amounting to two hundred and Eighty Eight Pounds 
two shillings and nine pence three farthings for wages be allowed 
and paid out of the money in the Treasury, the wages to be paid 
to each man, his order attorney or legal Representative. 

Voted That the Muster Roll of Capt. Jonathan Chesley for him- 
self and seventy three men guarding the Frontiers in the year 1748, 
amounting to three hundred and seventy five Pounds and nine 
Pence for wages be allowed and paid out of the money in the 
Treasury, The wages to be paid to each man, his order attorney or 
legal Representative. That Capt. Chesley settle his Commissary 
account before he Receive his own wages. 

Voted That the muster Roll of Capt, Moses Foster guarding {]\<> 
Frontiers in y e year 1748 for himself and twenty six men amount 
ing to two hundred and ninety nine Pounds three shillings <fc three 
pence for wages Billeting and ammunition be allowed and paid 
out of the money in the Treasury, the wages to be paid to each 
[p. 319.] man, his order attorney or legal Representative. 

Voted, That the muster Roll of Capt, William Walker for him- 
self and forty seven men guarding the Frontiers in the year 1748, 
amounting to £577 : 11:3, for wages, Billeting and ammunition, 
be allowed and paid out of the money in the Treasury, that the 
wages be paid to each, man his order, attorney or legal Represent- 
ative. 



192 PROVINCE OF NEW-HAMPSHIRE. [1753. 

The vole for sundry allowances and the vote for a Tax Bill sent 
up by Mr. Israel Gil man and then the House adjourned to three by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The two Muster Rolls of Capt. John Goffe with the votes 
thereon, That of Capt. Obadiah Parry with the vote thereon, That 
of Capt. Andrew Todd with the vote thereon, that of Capt. Jona- 
than Snow with the vote thereon, that of Capt. James Campbell 
with the vote thereon, that of Capt. Job Clements, dee d , with the 
vote, thereon, that of Capt. Jonathan Chesley with the vote- 
thereon, that of Capt. Moses Foster with the vote thereon, and 
that of Capt. William Walker with the vote thereon sent up this 
day by Mr. Thomas. 

The account of the Honorable George JafFrey Esq r late Treas- 
urer of this Province, dec d . Rendered by George JafFrey Esq. ad- 
ministrator to his Estate for what he had received of the Interest 
[p. 320.] of the Twenty five Thousand Pounds loan and of the 
payments made out of said money for the Repairs of the Fort, 
Prison and and his Excellency's salary with the Report of the Com- 
mittee of audit thereon being read, 

Voted That the said Report be accepted and that the Estate of 
the said George Jaffrey Esq. dec d . be and hereby is discharged 
from the several sums therein paid and that there now remains due 
to the Province from the Estate of the said George Jaffrey Esq. 
dec/ 1 , of the Interest of the said Loan, Two Thousand five hundred 
and sixty Pounds fourteen shillings and ten pence farthing. 

The account of the Honorable George Jaffrey Esq. late Treas- 
urer of this Province, dec d . for the Intended Expedition against 
Canada, the annual and contingent charges of the Province for the 
years 1747, 1748 and to May 1749 etc. rendered by George Jaffrey 
Esq. Adm r . being read with the Report of the Committee of audit 
thereon, Voted That the sixty Pounds and the sixty five Pounds 
Voted and allowed the Treasurer tor his ordinary and Extraor- 
dinary services as Treasurer in 1 he years 1745 and 1746 were in 
full satisfaction for Receiving and paying the money mentioned in 
those accounts as Treasurer, and that no farther allowance be made 
therefor. 

Voted That the Report of the Committee be accepted — That 
the Treasurer be accountable for the fifty Pounds over paid Capt. 
Eastman, said payment being contrary to the allowance of the 
[p. 321.] General Assembly and that there remains due from the 
Estate of the said George Jaffrey Esq. dec/ 1 , unto the Province to 
ballance this account Exclusive of the said Fifty Pounds, four 
thousand six hundred and forty five Pounds nineteen shillings and 
seven pence one farthing new Tenor, besides the Ballance of an 
account for the Province Tax for the year 1743 not included herein, 



1753.] JOURNAL OF THE HOUSE. 193 

and the two hundred and sixty Pounds seven shillings and nine 
pence rendered out standing of the Province Tax from 1742 to 
1748 which the present Treasurer is hereby required immediately 
to collect, [All the above votes concurred by Council.] 

Voted That there be allowed and paid out of the money in the 
Treasury unto Mrs. Sarah Priest in full of her account (exhibited to 
the General Assembly,) the sum of fifteen Pounds New Tenor. 
[Concurred by Council.] 

The House adjourn d till tomorrow morning nine o'clock by or 
der of the Speaker. 



Fry day March 16 th 1753. 

Met according to adjournment. 

The Speaker being absent on public business Peter Oilman Esq. 
was chosen Speak r pro Tempore. 

The late Treasurer's acc ts sent up by Mr. Sanders. The House 
adjourned to three o'clock afternoon. 

Post Meridiem. 
Met according to adjournment, The House adjounid till to 
morrow morning nine o'clock. 



Saturday March 17 th 1753. 

Met according to adjournment 

The Secretary came into the House & said his Excellency the 
[p. 322.] Gov r had directed him to adjourn the General Assembly 
to Monday next at three of the clock in the afternoon, and ac- 
cordingly adjourned the same. 



Monday March 19 th 1753. 
A number of the members met but not sufficient to make a 
house, nor the Speaker. The Secretary came into the House and 
adjourned the General Assembly till tomorrow morning Ten 
o'clock. 



Tuesday March y e 20 th 1753. 

The Hon bl J. Downing Esq. bro't down from the Council the 
Report of the Committee for looking out a place in the Town of 
Portsmouth for a State House &c. with a memorandum of building 
a Brick house of 80 feet by 30. 

The House adjournd till three of the clock in the afternoon, by 
order of the Speaker. 

13 



104 • PROVINCE OF NEW-HAMPSHIRE. [i; 



Met according to adjournmenl 

The Hon bl ° Daniel Warner, Esq. brought down the Petition of 
the Select men of Denifield relating to a high-way, as on file. 
Then the Speaker ordered the House to be adjournd till tomorrow 
morning nine of the clock winch was done accordingly. 



Wednesday March 2V l 1753. 
Met according to adjournment. 

The lion 1 ' 1 Daniel Warner Esq. bro't down the Petition of Dan 
iel Eads (a) on file. 

(a) Jour. C. & Ass. Mar. 21, 1753. The Petition of Daniel Eades relating 

to an action Depending at the Superior Court between the said Ead and 
Mr. Rob 1 Trail read and sent down. 

Voted That the Petitioner he heard on his Petition on Fryday 
next at ten of the clock in the forenoon, if the Court be then sit- 
[p. 323.] ting and that y e Petitioner serve Robert Trail with a cop} 
of the said Petition and order of this Court thereon, to show 
cause, if any he have, why the Prayer of the Petition should not 
he granted. 

The Hon bl Sampson Sheafe Esq. Brought down the Petition of 
James Leach and John Mills relating to the escape of James Tom- 
son w'ch was read and Dismissed, (b) 

(b) The petition of James Leach and John Mills setting forth that they 
were sureties for Francis Tucker under keeper of the Goal and that one 
Thompson had escaped out of Goal by which means the high sheriff had 
had a judgment ag st him, and in consequence thereof had bro't his action 
and recovered judgment against the Petitioners & praying for a Grant of 
some money to enable them to discharge the said judgment &c. 

The House adjournd till tomorrow morning nine of the clock by 
ord r of y c Speaker. 



Thursday March 22' 1 1753. 

Met according to adjournment, 

Mr. Treasurer Jaffrey sent his accounts into the House. 

Mr. Secretary came into the House and said lie was directed by 
his Excellency the Governor to inform the House that the ways 
were so bad that he could not come up to Town and should be 
glad thai a number of the House and of the Council would come 
down and confer with him upon the affairs. Whereupon, 

Voted That Mr. Speaker Weare who is absent on public Busi- 
ness, if he can attend, and Coll. Gilman Speaker pro Tempore, Mr. 
Sherburne, Mr. Mcmurphy and Capt. Gilman be desired to go 
down. 



1753.] JOURNAL OF THE HOUSE. 195 

The House adjournd to three of the clock in the afternoon, by 
order of the speaker. 



[i>. 324.] Saturday March 24 th 1753. 

Met according to adjournment. « 

Richard Wibird & Daniel Warner Esqs. bro't down the vote of 
the House of the 13 th of March Inst, for granting allowances to 
his Excellency and others with the following amendments, viz. In 
Council March 24 th 1753. The above vote read and concurrd with 
the following amendments. First, That the article of an allowance 
to his Excellency for Arrearages and Deficiencies of his Salary be 
altered, and Instead of the words [Two Thousand Pounds new 
Tenor in full discharge of any and all arrearages and Deficiencies 
in his Excellency's Salary upon all accounts whatsovcr unto the 
twefth day of December 1752] It stands worded as follows : viz. 
Two Thousand Pounds new Tenor towards discharging the arrear- 
ages and Deficiencys of His Excellency's Salary to the twelfth day 
of December 1752. 

2 iy That in the article for the Councils allowance, Instead of 
Eleven shillings new Tenor it stands worded Twelve shillings and 
six pence new Tenor. 

[p. 325.] Voted That the first amendment be concurrd. 2 ly 
That the House adhere to their vote for the allowance granted to 
his Majesty's Council, Eleven shillings per Day being full allow- 
ance. 

Sent up by Mr. Macmurphy and Mr. Sanders. [Council con- 
curred.]. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 . Assembly to Tuesday the 17 th 
of April next ten of the clock in the forenoon, and accordingly 
-declared the House adjournd. 



Tuesday April 17 th 1753. 

Met according to adjournment. 

A number of the members, viz. Eleazer Russell, Mr. Henry 
"Sherburne jun. Mr. Joseph Philbrick. Mr. Tuck, Mr. Gidding and 
Mr. Thomas met. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 . Assembly till Monday next ten 
of the clock in the forenoon, and accordingly adjournd the same. 



Monday April 23 d , 1753. 
Some of the members met. The Secretary came into the House 
and adjournd the House till three of the clock in the afternoon. 



L96 PROVINCE OF NEW-HAMPSHIRE. [1753- 

Post Meridiem. 

Met according to adjournment. 

[p. 82(5.] A number of the members present, viz Eleazer Rus- 
sell, Esq. Mr. Sherburne, Coll. Gilman Capt. Bell, Capt. Jenness. 
Mi*. Wiggen and Mr. March. The Secretary came to the House 
and Said he was directed by his Excellency the Governor to ad- 
journ the Gen 1 Assembly till tomorrow morning ten of the clock. 



Tuesday April 24 th 1753. 
Met according to adjournm*. The House adjournd by order of 
the Speaker till three of the clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. Mi*. Speaker Weare came to 
the House & took the chair. 

Voted that Richard Jenness Esq. & Mr. John Knight be a com- 
mittee of this House to joyn such as may be appointed by the 
lion 1 ' 1 Council to farm out the Excise for one year from the first 
of Jan y last past to the first of Jan y 1754, at Publick vendue to 
the highest Bidder to be paid half yearly and to take good secu- 
rity from the person or persons to whom it may be sold and deliv- 
er the Bonds to the Treasurer for the time being to whom the 
Bonds must be made payable for the use of the Government, and 
[p. 327.] that said Committee give public Notice of the time and 
place of sale. 

Sent up by Mi*. Knight. [Council concurred.] 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Wednesday April 25 n 1753. 

Met according to adjournment. 

Abraham Place made oath in the House that he was in the ser- 
vice under Capt. Clements six weeks in the year 1718. 

Voted That there be allowed to the officers and soldiers at Fort 
William and Mary from the 25 th of March 1749 to the 25 th of 
March 1753 Two hundred Pounds New Tenor a year in full for 
their wages. Billeting &c. to be paid out of the money in the 
Treasury. Sent up May 8 th by Mr. Tuck. 

Voted That the muster Roll of Thomas Bell Esq. for thirty 
one men landing of Guns at New Castle amounting to fifteen 
Pounds two shillings and three pence in full for wages and Billet- 
ing be allowed and paid out of the money in the Treasury. Sent 
up by Mr. Tuck. [Council concurred.] 



1753.] JOURNAL OF THE HOUSE. 197 

Voted That the account of Rich d Jenness Esq, for wood sup- 
ply'd y e Geo 1 . Assembly amounting to £8 : 15 : 0, be allowed and 
?paid out of the money in the Treasury. [Council concurred.] 

Sent up by Mr. Sanders. 

[p. 328.] The Hon We John Downing Esq. Brot Down the Pe- 
tition of Abial Astin(a) as on file. 

(a) Jour. C. & Ass. Ap. 25, 1753. The petition of Abial As tin one of 
the Constables of Methuen & Dracut in the year 1744, Praying the consid- 
eration of the Gen 1 Assembly setting forth that sundry persons in his List 
of Taxes were also rated in the Parish of Windham by which means he 
would not Levy the same, — read & sent Down to the House of Pepresen- 
tatives. 

The House adjournd to three of the clock in the afternoon by 
.order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

William Johnson made oath in the House that he was in the ser- 
vice of the Governm* under Capt. Clements Thirty four days in the 
year 1748 in scouting from Barrington to Rochester. 

Voted That the Secretary be desired to send to the House the 
Invoices that he has received relating to a New Proportion to be 
lay'd before the House. Capt. Wentworth went for the above In- 
voices. 

The Secretary bro't into the House all the Invoices that were re- 
turned into his office as he said relating to the New Proportion, 
also a memorial relating to the work House, also a Petition of the 
Selectmen of Monson. The House adjourned till to morrow morn- 
ing nine of the Clock,, by order of the Speaker. 



Thursday April 26, 1753. 

Met according to adjournment. 

The Secretary brought into the House a written message from 
Iris Excellency relating to a Provincial House. He also brought 
into the House the Petition of Sir William Pepperell with the vote 
of Council thereon appointing a farther day for a hearing thereon, 
Namely Fry day the fourth Day of May next, with which vote the 
House concurr'd. Sent up by Mr. Thomas. 

Governors Message, 

[Copied from MS. Gov rs Messages Tol. II, p. 99.] 
Mr. Speaker 
•mid Gentlemen of the Assembly. — 

This being the most advantageous season to make Provisions for 
a Provincial House, I am hoping you will Embrace it, that neither 
myself or the Government may be put to any further inconven- 



198 PROVINCE OF NE.W-HAMPSHIRE. [1753- 

ience on that ace 1 , for this end I have Provided a house to remove mj r fur- 
niture into, that the workmen may have no interruption from me if the 
Brick House should be thought most convenient. 

The money heretofore granted for rent & repairs falling vastly short of 
what it was Intend for and what was absolutely necessary to be expend- 
ed for my accommodation, you will observe by the Treasurer's account,. 
is not Drawn fully out. I must therefore recommend it to you to make 
a just satisfaction to the Proprietors for time that is past& if needfull for 
the future, there being as T apprehend no Prospect of my being accomo- 
dated any other way. by which means I shall be able to give Due atten- 
tion to the Publick business during the Sessions of the General Assembly. 
Council Chamber in Pbrtsm 6 ' B. YVextwoktii. 

April 26, 1753. 

[p. 329.] The House adjournd till three of the clock in the af- 
ternoon. 

Post Meridiem. 

Met according to adjournment. 

The Secretary bro't into the House an ace 1 of George Mitchell, 
Esq. one of Dr. Sargeant, a Petition of Tho s Packer Esq. to the 
Gov 1 ' and Council, relating to the Piison and an order for a survey 
and a Report thereon — and an ace' of Jeremiah Libbey. 

Daniel Pierce Esq. brought in bis aec' of Sundrys and swore to 
it in the House and made a n.y.tion to have bis fees raisd. 

The House adjournd till tomorrow morning nine o'clock. 



Fryday April 27 th , 17.53. 

Met according to adjournment. 

The Hon bic Daniel' Warner Esq. bro't into the House the Peti 
tion of John Banfile, the Report of the Committee for cutting. 
Roads &c. to and from Coos, and an account of the charge thereof 
and a Plan of the way from the Crotch of Merrimack River to Coos. 

The House adjourn d till three of the clock in the afternoon by 
order of the Speaker. 

Heport of the Committee on cutting Roads, <Cv. 
[Copied from MS. Corr. Vol. II, p. 71.] 

Province of ) Portsmouth, April 26, 17.*.;;. 

X. Hamp r . j» In pursurance of a vote of Governour, Council and Assem- 
bly of the 29 th of November & 6 tlj ot December last, Impowering us as a 
Committee to effect (he cutting road, &c. to and from Co : os, andto make a 
report of what we should cause to be done in the Premises from time to 
time, to the General Assembly, Do hereby Report as follows, viz. 

That we have Employed Maj r Zacheus Lovewell Capt. John Tolford &i 
Mr. Caleb Page with a suitable Number of men as guards & assistants 
who have been upon the spot & have searched out a convenient, way where 
a road may be cut & Bridged without any uncommon charge or Difficulty 
COmencing at, the Crotch of Merrimack river where the rivers of Pemidg- 
wasset & Winnipiseocce meet & Ending about Ten miles below the hea£ 



1753.] JOURNAL OF THE HOUSE. 199 

of the s d Tract of land called Co : os, a Plan of which said way or road is 

herewith presented(l) with the Ace 1 of the cost that hath arisen thereby 

all which is Humbly submitted, By 

John Downing 1 
Richard Jennes > Com tee . 
Jon a Love well ) 

In Council April 27 th 1753 

read & ordred to be sent down 

to y e Hou ble House of Represnt 8 . 
Theodore Atkinson, Sec- V . 

Indorsed — "J. Downing Esq 1 '. 

Report concerning looking out 

a Road to Co : os." 

Letter from Capt. Israel Williams relating to the Coos 
Country, to Li. Gov. Phips. 

[Copied from Book II. Prov. Rec. in SecJ" s office, p. 265.] 

Hatfield March 19, 1753. 
Sir— 

Capt. Stevens of No. I was lately at my House & gave me the following 
acco 1 , which I thought it my duty to transmit to your Honour, it appear- 
ing to me to be of Importance to the Publick, viz. That the beginning of 
Jany last six Indians of the St. Francois Tribe came to No. 4. Fort under 
a Flag of Truce ; The first thing they ask'd after was, Whether it was all 
weli? To which be answered, Yes, & asked, Whether they had not heard 
of the late Treat}' at the Eastward — Their answer was, No, They knew of 
no such thing : He told them there was no Doubt but some of their Tribe 
was present at the Treaty : They said none of their Chiefs, for if they had 
any Treaty with the English it would be at Albany, or in some of these 
parts : They further said to the Cap* you well know what you heard from 
our Chief men last Summer at Montreal, and what they say is always 
Strong. In the most of the conversation he had with them he told me 
they manifested great uneasiness at our Peoples going to take a view of Cowass 
Meadows last Spring, but never fully declared their minds till the morning 
they took their Departure, when with a great deal of Deliberation (as he 
express'd it) they told him, for the. English to settle Cowass was what they 
could not agree to, and as the English had no need of that Land, but had 
enough without it, they must think the English had a mind for War, if they 
should go there, & said, if you do we will endeavour that you shall have 
a strong war, that they should have the Mohawks and Ofctawawas to help 
them, That there was four hundred Indians now a hunting on this side St. 
Francois River, and that the owners of the land at Cowass would be all 
there this Spring, & that they at No. I, might expect that if the affair of 
settling Cowass went forward, to have all their houses burnt — They told 
him further, they had no mind for War, & desired him to use his Interest 
to prevent the English going to Cowass, and said again, if they go there 
must be a War, and it would be a war of the English's making — Thus I 
have given the account almost in the words he deliver'd it to me nothing 
materially different. 

Upon the whole its evident the Indians are acquainted with the Designs 
& Projections of a neighboring Government, & it is as evident they don't 
intend tamely to yield up the Possession of that place to the English, but 
on the contrary do what they can to hinder the settlem* of it ; and as 
they suppose the Land to be theirs and none without their consent have 
right to enter upon it, & that they have good right vi & armis to drive any 
such away, so beyond all dispute the French will encourage and help 

(1) The editor has not succeeded in finding the Plan above referred to.— Ed. 



200 PROVINCE OF NEW-HAMPSHIRE. [_1753. 

them, that they may prevent the English being so near neighbors to them 
— However easy and practicable the settlement of Cowass may appear to 
some yet I make no doubt they will meet with a Tartar, & find themselves 
miserably disappointed that they have undertaken it, if they proceed. 

Tho' there is no rational Prospect of success attending the Scheme un- 
der its present direction, yet perhaps sonic rash & inconsiderate attempt 
may be made by some of the undertakers, that may prove of unhappy 
consequence to themselves & others, unless care be taken — Therefore for 
the security and safety of the People of this Province, I can't but think it 
a Point of Prudence in this Government to make the Indians sensible we 
are neither the contrivers nor Promoters of the design of which they 
might be ascertain'd in the answer to their message by Capt n . Stevens, 
which he tells me they are expecting with some Impatience. 

Pursuant to your Honour's orders, two men are posted at Shirley & Pel- 
ham Forts, that is, one at each, with their Families; and inasmuch as the 
lieason for their continuance or appointment remains, and not having had 
any orders to dismiss 'em, I have directed them to continue there till your 
further Pleasure be known 

I am, sir, your most obedient, humble servant, 
Govern 1- Pines, Is 1 Williams. 

Copy examind pr. Thos. Clarke, D'pty Secy. 

Post Meridiem. 
Met according to adjournment. 

The House adjournd till tomorrow morning nine o'clock, by or 
• lei- of the Speaker. 



[p. 330.] Saturday April 28 th 1753. 

.Met according to adjournment. 

Mr. Jeremiah Libbey made oath to the truth of an ace* for work 
done to the Prison amounting to the sum of sixty-two Pounds ten 
shilling old Tenor, being in new Ten 1 * £15 : 12 : 6. 

Voted Tint Jeremiah Libby's ace 1 of fifteen Pounds twelve shil- 
lings and six pence new Ten r be allowed for work done to the 
Prison to he paid him out of the Interest of the twenty-live Thou- 
sand Pounds Loan in the Treasury for Repairing of the Prison. 

Sent up by Mr. Thomas. 

The Secretary bro't into the House a written message from his 
Excellency and a Petition of Benjamin Gilman &c. lie also de- 
livered :) verbal message 1 from his Excellency the (rov r and the 
Couucil relating (<> the Excise Act and the vote for selling the Ex- 
cise, signifying that there i> an amendment wanting to ascertain 
what tli." Excise to be paid is. 



t bo. 



Governors Message, 28 th April 1 

[Copied from MS. Gov* Messages, Vol. 11, p. 103.] 
Mr. Speaki r & 

,, Of (Id's A88< mhh/. 

hi obedience to his Majesty's Commands; I have with the advice of his 
Majesty's Council Employed George Mitchell, Esq. to make a Plan of the 



1753.] JOURNAL OF THE HOUSE. 201 

Province, one of which I transmitted to the Lords of trade some time 
past, but the duplicate remains with Mr. Mitchell, to rectify an essential 
error in the Plan, which he has my directions to lay before the House 
and I am perswadecl you will make him satisfaction for his trouble in this 
service upon his effecting- that mistake. 

The Secretary will lay before you by my order a Journal of a Treaty of 
Peace with the Eastern Indians, held at Falmouth in Sep* 1749, (1) and as 
I thought it for his Majesty's service & the Inteiest of the Province I ap- 
pointed Commissioners to appear at said Treaty in behalf of this Province, 
the charges arising on this service also, the Secretary will furnish you 
with, which I have no room to doubt but you will discharge with honour, 
the money being hitherto advanced by private persons. 

B. Went worth. 

Council Chamber in 
Portsmouth April 28 th , 1753. 

The House adjourn d till Monday next three of the clock in the 
afternoon by order of the Speaker. 



Monday April 30 th 1753. 
A number of the members met but not the Speaker. The Sec- 
retary came into the House and adjournd the G211 1 Assembly till to 
morrow morning ten of the clock. 



[p. 331.] ' Tuesday May the first, 1753. 

Met according to adjournment. 

The House adjournd till three of the closk in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

LTpon reading the Petition of Antipass Gilman and others, Yot 
ed That the Petitioners be heard on the s cl Petition 011 the third day 
of the sitting of tire Gen 1 Assembly next after the first day of June 
next and that they at their own cast serve the Guardian of the 
minors Interested in the Premises & all other persons Interested 
therein who are not Petitioners, with a copy of the s d Petition and 
of the order thereon, to appear and shew cause, if any they have, 
why the prayer of the Petition should not be granted. Sent up 
May 3 d A. M. by Mr. Thomas. 

The Petition of the Selectmen of Monson being read, Voted 
That it be dismissed(a). 

(a) "Praying to be omitted in the Proportion now about to be made 
for aportioning the Prov. Tax." Jour. C. & Ass. Ap. 25, 1753. 

The House adjournd till tomorrow morning nine o'clock by ol- 
der of the Speaker. 

(1) See copy of said Treaty in Vol. V, Prov. Papers, pp. 131-1:53. 



202 PROVINCE <)F XKW-IIAMi'SIlIKE. [175:3. 

4 

Wednesday May 2% L753. 
The House adjoumd till three of the clock in the afternoon by or- 
der of the Speaker. 

Post Meridiem 
Met according to adjournment 

The House adjoumd till tomorrow morning nine of the clock by 
order pf the Speaker. 



[p. 332.] Thursday May 3 d 1753. 

Met according to adjournment. 

The Aet for reviving the additional Probate Aet having been 
three times read, 

Voted, That it pass to be Enacted. [Concurred cv: Assented to] 

The Petition of Antipass Gilman &c. & the aforementioned all 
sent up by Mr. Thomas. 

The Hon ble Sam 1 Smith Esq. bro't down the Petition of Jonathan 
Longfellow. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according to adjournment. 

The Secretary bro't into the House the Petition of William Mor- 
rison (a) etc. 

(a) "Praying the aid of the General Assembly in relation to some 
Transactions at a Town meeting there held for the choice of Town offi- 
cers" &c. Jour. C. & Ass. May :). 17.").".. 

Upon reading the Petition of William Morrison and others, 
Voted That the prayer of the Petition be granted. That 
there be a Town meeting in the Town of Nottingham mentioned 
in said Petition between this day and the last day of June next 
and that Joshua Pierce Esq. be the moderator of said meetingto be 
called by him and y 1 he give Eight days notice of the time and 
place of meeting. Sent lip by Mr. Knight. 

Joint Macmurphy Esq. Mr. Joseph Thomas, Mr. Jonathan Love- 
well and Mr. James Stoodley jnn. respectively made oath that they 
would faithfully execute the office of a Collector of Excise 1 accord- 
|_i\ 333.] ing to their best skill and judgment . 

The House adjournd till to morrow morning nine of the clock- 
by order of the Speaker. 



.Met according to adjournment. 

The House adjournd for one quarter of an hour by order of the 
Speaker. 



1753] JOURNAL OF THE HOUSE. 203 

Met according to adjournment. 

The House adjourn d till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Act for a New proportion having been read three times- 
Voted, That it pass to be enacted. 

Sent up by Mr. Sanders with the Invoices. 

Upon Reading the Petition of Sir William Pepperell and the 
Petitioner and Executors of Jothain Odiorne, Esq. dec' 1 , being- 
heard thereon, Voted That the Petitioner have liberty and be au- 
thorized to make a lawfull tender of what is now due to this Pro 
vince upon the lands mentioned in s d Petition and To the estate of 
the s d Jothain upon the said lands, — that he be allowed to pursue 
and maintain an action against the Estate of Simon Gilman dec'd, 
to make out the Justice and legality of his demand against the 
[p. 334.] said Estate, That he have the advantage of the s d lands 
so far as to make him whole (if there be sufficient) deducting what 
he shall pay for the redemption thereof, That the overplus (if any) 
be for the advantage of the other creditors to the Estate of the 
s d Simon and his Heirs and that the Petitioner have liberty to 
bring in a Bill accordingly. Sent up by Mr. Tuck. [Council con- 
curred.] 

The House adjourned for a quarter of an hour by order of the 
Speaker. 

Met according to adjournment. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



Saturday May 5 th 1753. 

Met according to adjournment. 

Upon reading the Petition of John Ban tile Voted, That the 
said Petition be dismissed. The Petition of Abiel Austin being 
read, Voted That it be dismissed. 

The House adjourn'd till Monday next ten of trie Clock in the 
forenoon by order of the Speaker. 



May y e 7 th 1753. 
Met according to adjournment 

The House adjournd till three o'clock afternoon, by order of 
the Speaker. 



204 PKOVIXCE OF NEW-HAMPSHIRE. [1753. 

Post Meridiem 

Met according to adjournment. 

[p. 385.] Mr. Daniel Allen made oath that he was in the ser- 
vice under Capt. Job Clements dec'd, in the year 1748, the space of 
nine weeks, in the room of a pressed man five weeks at one time 
and four at another. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Tuesday May y c 8 th 175.". 

Met according to adjournment. 

Voted That there be paid unto his Excellency Benning Went- 
worth Esq. out of the money that is or shall be in the Treasury 
the sum of one hundred and sixty-eight pounds fifteen shillings 
new Ten 1 " in full for house Kent and Repairs from the twelfth day 
of December 1748 to the twelfth day of June 1753, and it is to be 
understood that what was laid out the last fall by vote of the Gen- 
eral Assembly for Repairing the Governor's House is to be de- 
ducted out of said sum. 

Further Voted That there be paid unto his Excellency Benning 
Wentworth Esq. out of the money that is or shall be in the Treas- 
ury the sum of fifty pounds new Tenor in full for House Rent and 
Repairs from the twelfth day of June 1753 to the twelfth day of 
June 1754. Sent up by Mr. Sanders. 

The ace 1 of Thomas Bell, Esq. amounting to the sum of forty- 
[p. 336.] five Pounds two shillings and nine pence new Ten* 
allowed. Sent up by Mr. Philbrick. [Council concurred] 

The Muster Roll of Thomas Bell Esq. amounting to the sum of 
£615 : 12 : 5 new Ten 1 ' allowed. Sent up by Mr. Tuck. [Council 
concurred.] 

As also the vote of allowance to the officers of fort Wm. tfc 
Mary y* past 25 April. Adjournd till three o'clock afternoon by 
order of the Speaker. 

Post Meridiem 

Met according in adjournment. 

The question being put whether the Excise to be paid by Tavern 
keepers, [nnholders and Retailers for sundry Liquors by virtue of 
an .Vet Entitled an act for granting unto his Majesty an Excise on 
several Liquors made and passed in the fifth year of his Majesty's 
Reign, i> to be understood New Tenor or old Tenor, Resolved 
That the same is to be understood, paid and taken as New Tenor 
from the first day oi January 1753. Sent up by Mr. Thomas. 
[Concurred] 

Voted That there be paid unto Thomas Packer Esq. as Sheriff 
the sum of Fil'iv Pounds new Tenor in full from the twenty-fifth 



1753.] JOURNAL OF THE HOUSE. 205 

day of March 1748 to the twenty- fifth of March 1753, to be paid 
out of the money that is or shall be in the Treasury. [Concurred] 

[p. 337.] Further Voted that he be paid the sum of twelve 
Pounds ten shillings new Tenor in full for the use of the Court 
House from the twenty fifth day of March 1748 to the twenty-fifth 
day of March 1753, to be paid out of the money that is or shall be 
in the Treasury. 

Sent up Wednesday by Mr. Gidding. 

The House adjournd till tomorrow morning nine o'clock by 
order of the Speaker. 



Wednesday May y e 9 th 1753. 

Met according to adjournment 

The ace* of Daniel Pierce Esq. amounting to the sum of £25 : 
15 : 2 : 1, new Ten 1- allowd, to be paid out of the money that is or 
shall be in the Treasury. [Concurred.] 

The ace* of Mr. Ezra Carter amounting to the sum of £2 : 4. 
new Ten r allowd, to be paid out of the money that is or shall be 
in the Treasury. [Concurred.] 

The ace' of Sargent & Dearborn amounting to the sum of 
£8:10:9 New Ten 1 ' allowed, to be paid out of the money that is 
or shall be in the Treasury. Sent up by Mr. Gidding. 

The vote for Mr. Packer's allowance sent up this day by Mr. 
Gidding. [Concurred.] 

Voted That the Key of the Province Box which was in the 
hands of Eben 1 ' Stevens Esq. the late Speaker of the House of 
[p. 338.] Representatives, and all papers he had in his keeping 
that belonged to the Government be delivered to Meshech Weare 
Esq. the present Speaker of the House of Representatives for the 
Province of New Hampshire, and that Jedediah Philbrick Esqr. 
be and hereby is desired and impowered to receive the same and 
deliver them to the present Speaker. 

Voted That the ace 1 of Theodore Atkinson Esq. amounting to 
the sum of one hundred and two Pounds seventeen shillings and 
nine Pence New Ten 1 ' be allowd, to be paid out of the money that 
now is or shall be in the Treasury. Sent up by Esq. Philbrick. 
[Concurred] 



-00 PROVINCE OF NEW-HAMPSHIRE. [175:5. 

Mr. Atkinson's Account. 

[Copied from MS. Corr. Vol. II. p. 78.] 
174s. Province of New Hampshire to The&dore Atkinson, Dr. 
To cash p d Fleet Proclamations for a Fast > £g . 

By verbal order of the General Court, ] 

To cash pd Samuel AVent worth for a blanket for } 
an Indian & his Squaw Imprisoned pr order of > 5: 10 
the Superior Court & pr order of Gov r & Council ) 
To Do pa Do 2& yds half Thicks at 2Gs. stockings, 3 : 5 
To p d Love Almery for 2 shirts at 70s. 7 : 

To p d Soil". Loud for 2 pr Indian schocs 4 : 10 



To Z copys of the Act for altering the time of } 
the setting of the Court of Appeals & Holding > 
the Superiour Court, &c. at 20s ) 

To 12 copys of the vote of Assembly requiring- ^ 
an Invoyce of each set of Selectmen endorsed > 
with a letter to each, at lO.s ) 

To 4- ream of Paper at sundry times from Boston 
To 2 ream bo't here 
To a book for recording the Journal of Gen 1 . Assem. 



20 : 15 



l\ 



21:— 


- 21 




:ir> : 






22 : 






10: 


08: 
£153: 







10S: 







:',0: 






To Coll. Downings & my own Expences to Casco 

Bay by the Governour's Commission, on a Treaty 

with the Indians, Exclusive of time & horse hire 

To myself & Col. Downing each 18 Days time & } 

horse hire &c . . . $ 

To Holland Cotton Esq. as Secretary at the ) 

Treaty for his Trouble & copys 5 

To the copy of fifteen Acts for the Collectors of ) 

Excise by the Act to be paid for by them 5 

Old Ten 1 ' £411 : 11 : 

New Tcn r 102: 17: 

Portsm . N. Hamp r May the th 1753 
Submitted to y° Gen 1 Assembly 

Theodore Atkinson. 

April 0, 175-t 
Paid Coll. Downing £105, being his part. 

Voted That Matthew Livermore Esq. be allowed Eighty Pounds 
Xew Tenor to be paid out of the money that is or shall be in the 
Treasury in full for his service as attorney Gen 1 and drawing Acts 
from the year 1740 to this time. Sent up by Mr. Lovewell. [Con 
curred.] 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment 

The Secretary bro't in to the House Sundry Papers, viz. The 
High way Act, the Act for a new Proportion with several Papers 
relating to Salem and Windham and the Petition from sundry I?i- 
habitants of Nottingham, and said the Governor did not like the 



1753.] JOURNAL OF THE HOUSE. 207 

[p. 339.] Exception in y e Highway Act so far as it related to the 
Governor & Lieutenant Governor, inasmuch as it seemed by that 
Exception that the Gov r and Lieutenant Governor would be obligd 
to work on y c high ways, if not particularly excepted, and also 
that his Excellency would have it but two years, and further said 
the Council were content the above alterations should be made by 
the House, Notwithstanding they had passed the same. He also 
said the Council observd y* in y & proportion for a New that there 
were sundry persons taken from Salem and put to Wendham which 
lie s d y e Council tho't ought to belong to Salem for Reasons which 
he mentioned and left sundry papers relating thereto. 

He also s d the Governor tho't it was unnecesary to make an act 
for a Town meeting at Nottingham, but that it insted be done by a 
vote. 

The Sec y and the Hon 1 ' 10 Dan 1 Warner Esq. bro't into the House 
the vote for sundry allowances and the Secretary said his Excellen 
cy did not like the words for discharging &c. but would have it 
towards- discharging &c. for that the word for may preclude him 
from asking any thing more hereafter. 

In answer to the verbal message by the Secretary relating to the 
highway act, the House made the alteration as to the Governor 
and Lieutenant Governor, but made no alteration as to the time of 
the continuance of the s d act, inasmuch as it is Judged to be a very 
beneficial act and was sent back to the Council by Mr. Sherburn 
[p. 340.] and Esq. Philbrick ; And as to the message relating to 
Salem and Wendham, That if the Council tho't proper to take any 
thing from Wendliam and put it to Salem the House had nothing 
to say against it, But that the House did not at present apprehend 
that it lay with them to settle any dispute there is between Salem 
and Wendham relating to their Boundary. 

With respect to the allowances, the House made the alteration 
agreeable to the message from his Excellency which was sent back 
by Mr. Sherburn and Mr. Thomas. 

The Ace 1 of David Homey amounting to the sum of Eight 
Founds new Ten r allowed. In answer to the message relating to 
a Town meeting at Nottingham, the house agreed to the proposed 
amendment and ordered the words following to be eras'd in the 
vote, namely [and that the Petitioners- have liberty to bring in a 
Bill accordingly.] [Concurred.] 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Thursday May 10 th 1753. 

Met according to adjournment. 

The Committee for telling over the money in the Treasury that 
is to be burnt bro't into the House a Receipt from the Hon ble 
Richard Wibird Esq. for the sum of forty one Pounds five shillings 



-08 PROVINCE OF NEW-HAMPSHIRE. [1753. 

new Ton 1 " being so much allow'd Mr. Clement Miner by vote of 
Gen 1 Assembly for so much Bills of Credit on the Province of New 
[p. 341.] Hamp r burnt in the dwelling house of the s d Clem 1 Minor, 
also a Receipt from the Hon ble Meshech Wear Esq. for the sum of 
one hundred and fifty Pounds new Ten 1 " being so much allow'd Mr. 
Humphrey Scammon by vote of Gen 1 Assembly for so much Bills 
of Credit on the Province of New Hampshire burnt in the dwell- 
ing house of the s' 1 Humphrey Scammon, and for two Pounds two 
shillings New Ten 1 " being so much allow'd Mr. Thomas Rawlins by 
vote of Gen 1 Assembly for so much burnt in the dwelling house of 
the said Thomas Rawlins which was paid out of the money in the 
Treasury to be burnt agreeable to votes of the General Assembly: 
Therefore Voted that the said Committee be and hereby is dis- 
charged from said sums. 

The ace 1 of Mrs. Ann Slayton amounting to the sum of £10 : 5 : 9 
new Ten* allow'd. The ace 1 of N. Sargent Esq. amounting to the 
sum of £2 : 8 : G N. Ten* allow'd. [Concurred.] 

Capt. Homey 's ace', Mrs. Slayton's ace 1 and Dr. Sargents ace 1 , and 
the vote for Discharging the Committee for telling the money in 
the Treasury to be burnt, with the Receipts therein Referrd to, 
sent up by Esq 1 " Page. 

Petition for Town meeting at Nottingham sent up by Mr. 
Wiggen. 

Voted That there be allowd and paid out of the money in the 
Treasury or that shall be in the Treasury unto the Reverend Mr. 
Sam 1 . Langdon the sum of five Pounds new Ten* for his attending 
and praying with the late Gen 1 . Assembly and with the present Gen 1 . 
[p. 342.] Assembly. Also voted that there be allowd and paid 
out of the money that is or shall be in the Treasury unto the Rev- 
erend Mr. Samuel Haven the sum of Three Pounds new Tenor for 
the present General Assembly. 

Sent up by Mr. Sanders. 

The ace 1 of Matthew Livermore amounting to £l : 11 : 4 : 2 
Ncav Ten 1 ' allowd. Sent up by Mr. Sanders. [All foregoing con- 
curred] 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met- according to adjournment. 

Vot'-d That Nath 1 Fellows be allowed four Pounds new Ten' 
which, with four dollars he rec d (as he says) of Coll. Wendell and 
Col. Greenleaf hereafter to be allowd, is in full of his ace 1 to be 
paid out of the money that is or shall be in the Treasury. Sent 
up by Esq. Philbrick and Mr. Lovewell. 

The act on the Petition of Sir William Pepperell Voted to be 
enacted. Sent up by Esq. Philbrick and Mr. Lovewell. 

The Committee for Examining & enquiring into the State and 
circumstances of the Prison etc. making their Report that they 



1753.] JOURNAL OF THE HOUSE. 209 

had taken a survey of it and find it so bad that they think it can- 
not be repair'd so as to make it safe and convenient but rather 
think it best to build a new one, and that they have also looked 
[p. 343.] into the accounts of the Loan and find there has been 
expended upon it thirty one Pounds five shillings and nine pence 
half penny new Ten r so that there remains twelve hundred and 
sixty eight Pounds fourteen shillings and two pence half penny 
new Tenor — and the same being read, Voted That it be accepted. 

Whereas the Committee for Examining and enquiring into the 
state and circumstances of the Prison &c. making Report 
that they had taken a survey of it and find it so bad that they 
think it best to build a new one and that they have also looked 
into the accounts of the Loan and find there has been expended 
upon it Thirty one Pounds five shillings and nine pence half penny 
new Ten 1 ' so that there remains twelve hundred and sixty eight 
Pounds fourteen shillings and two pence half penny — which Re- 
port being read was accepted — Therefore Voted That Eleazer Rus- 
sell Esq. and Mr. Thomas Wiggen be a Committee of this. House 
to joyn such as shall be appointed by the Hon ble Council to look 
out for a convenient place in the Town of Portsmouth in the 
Province of New Hamp r to build a Goal upon, — also to consider 
of what form and Bigness, the same is best to be and with what 
materials to be built and to Enquire what a suitable Piece of 
Ground for building a Prison upon may be purchased lor and make 
Report thereon as soon as may be. 

[f. 344.] Daniel Warner Esq. bro't down the Petition of Jon- 
athan Combs which was read & ordred to ly for consideration. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Fry day May 11 th 1753 

Met according to adjournment. 

Mr. Zebulon Gidding made oath that he would faithfully exe- 
cute the office of a Collector of Excise agreeable to Law according 
to his best skill and judgment. 

The Report of the Committee about the Prison and the New 
Vote for a Committee to look out a place suitable to build a prison 
upon &c. sent up by Mr. Knight and Deacon Philbrick, who also 
were to enquire if the vote of allowances was assented to by the 
Governor. 

The Secretary came into the House and in Answer to the mes- 
sage by Messrs Knight and Philbrick relating to the vote of allow- 
ances said, that his Excellency said the vote for allowances should 
pass with the act, but that one should not pass without the other. 

Voted That the muster Roll of the men under Capt Job Clem- 
ents scouting and guarding the Frontiers in the year 1748; as as- 
u 



-10 PROVINCE OF NEW-HAMPSHIRE. [1753. 

certained and made up amounting to the sum of Eighty six Pounds 
seven shillings and tliree pence new Ten 1- be allowd and paid out 
of the money in the Treasury each man's wages to be paid him, 
his order, attorney or legal Representative. Sent up by Mr. Wig 
gen. 

[p. 345.] The House adjourned till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

The ace' of Capt, Mark Langdon amounting to the sum of one 
Pound twelve shillings and three Pence new Ten r allow'd him and 
paid out of the money that is or shall be in the Treasury. Sent up 
by Docf March & Mr. Tuck. 

Mr. Knight and Mr. Lovewell went with a verball message to 
his Excellency the Governor and Council signifying that the 
House ilesird there might be a Conference of a Committee of the 
Council and of the House with his Excellency. 

Voted That the consideration of Mr. Mitchell's ace 4 be deferrd 
till a further day, and that the plan brought into the House by Mr. 
Mitchell be returnd to him. 

The Secretary came into the House and said in answer to the 
message about a Conference that his Excellency and the Council 
were ready to have a Conference and that persons were appointed 
for managers. He also said the vote for allowances was assented 
to by the Governor. 

Voted That Mr. Speaker, Mr. Sherburn, Capt. Jenness, Capt. 
Bell, Doct. March and Mr. Livermore be the persons from this 
House to joyn in the Conference. 

The House adjournd till tomorrow morning Eight o'clock by 
order of the Speaker. 



Saturday May 12 th 1753. 

Met according to adjournment. 

[p. 346.] The House adjournd for the space of ten minutes by 
order of y e Speaker. 

Met according to adjournment. 

Voted That the Travil to be allowd to each member of this 
House be as set against his name. 

The House adjournd for the space of ten minutes by order of 
the Speaker. 

Met according to adjournment. 

The Act for granting unto his Majesty the sum of Twelve 
Thousand Pounds, Voted to be Enacted. Sent up by Deacon 
Phil brick and Mr. Thomas, (a) 



1753.] JOURNAL OF THE HOUSE. 211 

(a) Journ. C. & Assem. May 24, 1753. Upon reading at the board the 
Bill for supplying the Treasury with the sum of £12500 the following 
Questions was put to his Maj ( y s Council by his Excellency s orders : 

Q. 1 st . Weither the Governour's consenting to the Act for issuing 
£12500 out of the Treasury is not contrary to the true intent and meaning 
of an Act of Parliament made & passed Nov r 10, 1747, wherein the Gov- 
ernours amongst other things are expressly forbid under the severest 
Penalties to consent to any Act, vote or order or allowance for re-issuing 
or postponing any money in the Treasury contrary to the act whereby it 
was placed there. 

Q. 2 d And weither such a consent if contrary to s d Act will not be ipso 
facto void and consequently useless for the Purposes intended to be an- 
swered by it ? 

Upon which the Question was Put weither the Council would advise his 
Excellency to consent to the passing the Act referr'd to in the above 
Questions & weither his so consenting would not be contrary to the Intent 
& meening of the said Act of Parliament in the s d Questions mentioned 
&c. — To which the Council did unanimously agree That his Excellencys 
passing the said Act for the supply of the Treasury with £12500 is noway 
contrary to the said Act of Parliament, nor the true Intent and meaning 
thereof, and therefore advised his Excellency to consent to the same. 

The Act for supply of the Treasury with the sum of £12500 as sent up 
(Passed by the House) the 12 th Inst, being read at the board a third time 
Passed by the Council to be Enacted — to which his Excellency was pleased 
to give his consent. 

Voted That the Treasurer of this Province for the time being 
pay out of the money in the Treasury to such Persons as are en 
tituled to a premium for wolves heads fifty shillings new Tenor for 
each head. And to the Grand Jurors of this Province so much as 
is now due to them for their service as grand jurors agreeable to 
law. And to any Coroners of this Province such sum or sums of 
money as are now due to them from the Province agreeable to 
Law. And such sum or sums of money as are now due to any of 
the Constables of Portsmouth for attending the Respective Courts 
in this Province agreeable to Law. Sent up by Esq r Philbrick. 

[p. 347.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen 1 Assembly till 
Thursday the seventeenth day of May Inst, and accordingly ad- 
journd the same. 



Thursday May 17 tk 1753. 

A number of the members met sufficient to make a house but 
not the Speaker. The House rnade choice of Peter Gilman Esq. 
for Speaker pro Tempore. 

Voted that the Travil of the following members of the late Gen 1 
Assembly be as follows, viz. The Hon ble Richard Waldron, Esq. 
two mile, Moses Leavit Esq. from Stratham twelve mile, Capt. 
Jonathan Thomson from Durham fourteen mile, Edward Hale Esq. 
from New Market thirteen mile. 

The Secretary came into the House and said he was directed by 



212 PROVINCE OF NEW-HAMPSHIRE. [1753. 

his Excellency to adjourn the Gen 1 Assembly till Thursday next 
ten of the clock in the forenoon and accordingly adjournd the 
same. 



Thursday May 24 th 1753. 
Met according to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 
Met according to adjournment. The Secretary came into the 
House and said that the Governor had assented to the Treasury 
bill for the sum of twelve Thousand five hundred Pounds and that 
[p. 348.] he was directed by his Excellency to adjourn the Gen 1 
Assembly till the nineteenth day of June next, and accordingly 
adjournd the same. 



Tuesday June 19 th 1753. 
Several of the members met but not sufficient to make a house, 
nor the Speaker, the Secretary came into the House and adjournd 
the Gen 1 . Assembly till three of the clock in the afternoon. 

Post Meridiem 
Several of the members met but not sufficient to make a house, 
nor the Speaker. The Secretary came into the House and ad- 
journd the Gen 1 Assembly till ten of the clock in the forenoon. 



Wednesday June 20 th 1753. 

Met according to adjournment. 

Sam 1 Davis made oath that he was in the service of this Prov- 
ince in y e year 1748 under the Command of Capt. Job Clements, 
dec' 1 , one month. Joseph Tibbets (being a Quaker) affirmed on 
the pains and Penalty of Perjury that Bryent Davis a servant of 
his was in the service of this Prov e as a centinel under Capt. Job 
[p. 349.] Clements, Dec fl one month in y e year 1748. 

The Secretary bro't into the House the Petition of David Elliot 
and two persons with it. 

Whereas it appears that the advance Wages is twice deducted 
out of the muster Roll of Capt. Job Clements at Chester and Har- 
rington in y c year 1748, who were enlisted April 7, 1748, 

Voted That the sum of forty four Pounds deducted out of the 
foot of the said muster Roll be allowed and that each man Receive 
for his wages the sum carryed off against his name in the column 
of what is due. Sent up by Esq. Philbrick. 



1753.] JOUENAL OF THE HOUSE. 213 

Coll. Gilraan bro't into the House the Petition of Wm. Walker. 
Upon reading the Petition aforesaid, Voted that there be paid unto 
the Execut 1 ' & Admin 1 ' of John Rawlins mentioned in the s d Peti- 
tion out of the money in the Treasury the sum of six pounds thir- 
teen shillings and seven pence new Ten r for the nine weeks and 
five days service mentiond in the said Petition (the same not hav- 
ing been yet allowd) and unto Capt. William Walker the sum of 
five Pounds five shillings new Ten 1 ' for Billeting the said John 
[p. 350.] Rawlins at the same time. Sent up by Esq. Philbrick. 

Nath 1 Huggins made oath that in the year 1748, he was one 
month in the service under Capt. Job Clements & Capt. Jon a 
Chesley and y* he can't find he has been allowed for more than one 
half of that time. The House adjourned till three of the clock 
in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Upon Reading the Petition of David Elliot, 

Voted That the Petitioner be heard upon the s d Petition on 
Thursday the 28 th Day of June Inst, if the Gen 1 Assembly be then 
sitting, & if not then sitting, then on the third day of the sitting 
of the Gen 1 Assembly next after next week, and that the Peti- 
tioner at his own cost serve the adverse party with a copy of this 
Petition and of the order thereon, to shew cause, if any he have, 
why the Prayer of the Petition should not be granted. Sent up 
by Esq. Philbrick. 

Voted that there be paid out of the money in the Treasury unto 
[p. 351.] David Welsh the sum of three Pounds and ten pence 
half penny new Ten r for thirty one days omitted in the muster 
Roll of Capt. William Walker. Sent up by Esq. Page. 

Capt. Jeremiah Clough came into the House and moved for a 
further allowance upon a muster Roll which he exhibited in y e 
year 1747, and the House upon considering his motion determined 
unanimously to make a further allowance. 

Voted That the Treasurer send out his Warrants for collecting 
the Province Tax of the thirteen Thousand Pounds for the curr't 
year agreeable to the prices affixed and set to the articles men- 
tioned in a vote passd by this House on the twenty-first day of 
October 1752. Sent up by Capt. Wentworth. 

Voted That there be allowed and paid unto Mr. Hunking Went- 
worth out of the money in the Treasury the sum of two Pounds 
six shillings and three pence new Ten r in full for his ace 1 for a 
Book of Records for the Inf r Court. Sent up by Mr. Hale. [The 
foregoing all concurred.] 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



214 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Thursday June 21 st 1753. 

Met according to adjournment. 

[p. 352.] Voted That the Hon blc Meshech Weare Esq. and Mr. 
Henry Sherburn jun r be a Committee of this House to joyn with 
such as may be appointed by the Hon ble Council to enquire into 
the state of the Massachusetts demands relating to Fort Dumraer, 
to procure and prepare all necessary Papers in order to make a 
true Representation of that matter and forward the same to John 
Thomlinson Esqr. agent for this Province at the Court of Great 
Britain as soon as may be, at the Expence of the Province, and 
that the said Committee make Report from time to time to the 
Gen 1 . Assembly of their Proceedings. Sent up by Mr. Lovewell. 
[Concurred.] 

The Secretary bro't into the House Sundry papers relating to 
Fort Duramer. 

The Secretary bro't into the House a Petition of Mr. Jona. 
Lovewell tfcc. (a) Upon the reading the above Petition, Voted 
That the Petitioners be heard on the said Petition on the third day 
of the sitting of the Gen 1 . Assembly next after the first day of Au- 
gust next and that the Petitioners at their own cost cause the sub 
[p. 353.] stance of s d Petition and of the order thereon to be put 
into the Post Boy Print three weeks successively that any person 
or persons that may be affected by the Prayer of s d Petition's be- 
ing granted may appear and shew cause, if any they have why the 
Prayer of the s d Petition should not be granted. Sent up by Mr. 
Lovewell. 

(a) "Praying to be enabled to lay a Tax upon the unimproved Lands 
lying in the said town to Defray the charge of building a bridge over 
Nashua river." Joun. C. & Ass. June 21, 1753. 

The House adjourn'd till tomorrow morning nine of the clock 
by order of the Speaker. 



Fryday June 22 d 1753. 
Met according to adjournm*. Upon Reading the Petition of 
William Parhan, John liidelle & Alexand r Macmurphy selectmen 
of Deny field, Voted That Mr. Zebu! on Gidding be a Committee of 
this House to joyn such as may be appointed by the Hon| )IC the 
Council to go and take a view of the two ways referr'd unto in 
the s d Petition and Notify the Selectmen of Derryfield for this 
present year, and those Persons who were Selectmen of Derryfield 
tor the year 1752 to be present, if they please, and make Report 
to the Gen 1 Assembly as soon as may be which of s <L ways appears 
to be most convenient for the public or whether it is best they should 
[p. 354.] both remain, and that the cost be defrayed by Derryfield. 
Sent up by Mr. Lovewell. 



1753.] JOUKNAL OF THE HOUSE. 215 

Pane Tibbets made oath that he was in the service of this Prov- 
ince in the year 1748 under the command of Capt. Job Clements, 
dec'd. 

Upon Reading the Petition of Jonathan Longfellow against 
Abner Clough, Voted the Petitioner be heard upon the said Peti 
tion on the third day of the sitting of the Gen 1 Assembly next af- 
ter the first day of August next, and that Execution of the Judg- 
ment referr'd unto in the said Petition be suspended in the mean- 
time and that the Petitioner at his own cost serve y e adverse Party, 
Abner Clough with a Copy of the s d Petition and of the order 
thereon to shew cause if any he have why the Prayer of the Peti- 
tion should not be granted. Sent up by Mr. Knight. 

Voted That Richard Jenness Esq. be and hereby is desired to 
prepare a Bill for the suppressing of Private Lotterys. 

[p. 355.] The House acljournd till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Saturday June 25 th 1753. 

Met according to adjourmn*. 

Voted That the sum of seven Pounds three shillings and nine 
Pence New Ten r be allowd and paid unto Capt. Jona. Chesly out 
of the money in the Treasury in full of his ace* for haling sundry 
stores &c. from Durham to Nottingham, and that the s d Chesly 
Receive his wages as settled in his muster Roll accounting for 
what he rec d to the Treasurer, for advance wages. Sent up by 
Mr. Macmurphy. 

The House adjournd till Monday next three of the clock in the 
afternoon by order of the Speaker. 



Monday June 25 th 1753. 

Mr. Speaker and a number of the House met & the House ad- 
journed till tomorrow nine o'clock by order of the Speaker. 



Tuesday June 26, 1753. 
Met according to adjournment, & the House adjournd till three 
o'clock in the afternoon, by order of the Speaker. 



210 PBOVINCE OF NEW-HAMPSHIRE. [1753. 

[p. 350.] P. M. June 2G. 

Met according to adjournm* [and adjourn'd till] 

Wednesday, P. M. June 27 th . 

Voted, That Henry Sherburn jun r be Clerk of this House pro 
tempore, Math. Livermore Esq. Clerk of the House being sick. 

Whereas a vote passed the General Assembly y c 27 th May 1748, 
That Joseph Pudney should be posted at the Garrison in Rumford 
from y e 27 th of May to the last of September following, 

Voted, That there be alloAved and paid unto the said Joseph 
Pudney or his order out of the money in the Treasury Twenty 
pounds eighteen shillings & six pence in full for wages, Billeting 
and amunition during y e s d Time. Sent up by Mr. Macmurphy. 
[Concurred.] 

Mr. Secretary brought down the Petition of Joshua Prescut & 
also the Petition of Samuel Adams. 

The House adjournd till tomorrow nine o'clock by order of the 
Speaker. 



[p. 357.] Thursday June 28, 1753. 

Met according to adjoumm*. 

The Petition of Doct r Samuel Adams as on file being read — 
Ordered that it be dismissed. 

The Petition of Joshua Prescut (1) as on file being read, Or- 
dered that it be dismissed. 

This being the day appointed for the hearing the Petition of 
David Eliot, Both parties appearing the Petition is read and both 
Parties being fully heard by their Council, with drew and then 
the House after mature deliberation on the affair Voted That the 
Petition be dismissed. 

The House adjourned till three o'clock by order of the Speaker. 

P. M. June 28, 1753. Met according to adjournment 

A muster Roll for a number of men under y e command of Capt. 
Job Clements guarding the Frontiers in y c year 1748, amounting 
to ninety nine Pounds 1G : 4, being made up and presented, 

Voted That s (1 muster Roll be allowed and paid out of the mon- 
ey in the Treasury, that the money be paid to each man, his order, 
attorney orlegall Representative. Sent up by Mr. Thomas. 

William Parker Esq. Attorney to Antipas Gilman & others 
bringing the Petition of s d Antipas and others into the House & 
Representing that the time appointed for hearing s d Petition was 
passed and moving that a further time be appointed for hearing 
thereof, 

(1) In C t & Assm. Journal this name is revkins.— En. 



1753.] JOUKNAL OF THE HOUSE. 217 

[p. 358.] Voted that the s d Antipas Gilman and others Peti- 
tioners be heard on their s d Petition on the third day of the sitting 
of the General Assembly next after the first day of August next 
and that they at their own cost serve the guardians of the minors 
interested in the premises and all other persons interested therein 
who are not petitioners with a copy of the s d petition and the or- 
der thereon that they may appear and shew cause if any they have 
why the Prayer of the Petition should not be granted. Sent up 
by Mr. Gidding. 

The House adjournd till tomorrow nine o'clock by order of the 
Speaker. 



Fryday June 29 th 1753. 

Met according to adjournment. 

The Com tee appointed by the vote passed in this House on y e 
29 th ]STovem br 1752 in answer to the memorial of Capt. Wm. Symes 
— reporting that no settlement had been made at Coos agreeable 
to said vote, & that Coll. Symes was desirous to go forward with 
s d settlement agreeable to said vote, if further time might be al- 
lowed, 

Voted That there [be] a further time allowed for the carrying- 
s' 1 vote of y e 29 th of Novem r 1752 into Execution under all y c Lim 
itations & Restrictions therein mentioned, viz. till the last day of 
May next. Sent up by Mr. Jed. Philbrick. [Concurred.] 

Voted That all the money allowed in Capt. Obadiah Parry's 
muster Roll for Billeting the men be paid to the Rev d Mr. Phineas 
Stevens and that he be accountable to the respective persons to 
whom it may belong. Sent up by Mr. Wiggens. [Concurred.] 

The Hon ble Samuel Solly and Daniel Warner Esqs. came into 
the House and brought the House's vote of May 28 th 1753, for y e 
allowance of his Exc y the Gov rs House-rent &c. & said that the 
[359.] Council thought that the allowance was not enough. They 
also brought a written message from his Exc y w ch is on file. 

Governor s Message. 

[Copied from MS. Gov 8 Mess. Vol. 11. p. 107.] 
Upon my meeting you in Gen 1 Assembly I desired that you would pass 
a resolve to enable the Treasurer to pay me my salary at such times & 
Seasons as would be convenient for me ; the stated time as it now stands, 
being very inconvenient on account of the season of the year. I likewise 
desire that the Treasurer may be enabled to adjust the price of silver for 
such deflciencys as may be due at the times my salary is paid, or in any 
other way, that may be a saving to the public & not injurious to me. 

B. Wextworth. 
Council Chamber in 
Portsmouth, 29 June, 1753. 

The House adjournd till three o'clock by order of the Speaker. 



2118 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Fry day Juno 29 th 1753. P. M. 
Met according to adjournment. 

Mr. Secretary brought down a written message from his Exc/ 
the Gov* relating a provision for the Fort as on file. 

Governor s Message. 
[Copied from MS. Gov ls Mess. Vol. II. p. 105.] 
Mr. Speaker & 
Gentlemen of the Assembly — 

The provision you have made for the service of his Majesty's Fort 
Wm & Mary to 25 th March 1753 has had my consent. I have further to 
desire that the provision you may make from that time the Treasurer may 
be enabled in your vote to pay Quarterly, that the men posted there may 
be regularly paid, otherwise there will be little service, neither will the 
Province reap that benefit from their service w ch they might reasonably 
expect. 

B. Went worth. 
Council Chamber, 
in Portsm June 29, 1753. 

The House taking under consideration the Council's message in 
y c forenoon Relating the House's vote of y e 8 th of May last, Vot- 
ed, That the House adhere to their vote. 

The House taking under consideration his Excy s message of y e 
forenoon relating to the altering the time of paying his Salary ; — 

Voted That his Exc y the Governor be impowered to draw his 
Salary out of the Treasury Quarterly & the Treasurer is hereby 
required to pay the same Quarterly. Sent up by Mr. Knight. 
[Concurred.] 

Whereas by an act passed y e 3 of April 1742 there was granted 
to his most Excellent Map' towards the support of his Excellency 
Benning Wentworth Esq. Gov r & Comd r in chief in & over his 
Maj tys Province of New Hamp r , the sum of Two hundred <fc fifty 
pounds Proclamation money or in Silver money at 6 : 8 pr oz. &c. 
or in such sums of bills of Credit of this Province as shall be equal 
thereto, to be paid the one half on y c 12 th of June, and the other 
half on y e 12 th of Deeemb: yearly, & whereas the House have 
passed a vote impowering his Exc- V to draw his Salary out of the 
Treasury Quarterly : Now in order that Justice may be done <fc 
that his Exc y may Receive the value of said grant — 

[p. 360.] Voted That the Hon blc Mesheeh Weare Esq. & 
Henry Sherburn jun. be a Committee of this House to joyn with 
suefli as may be appointed by the IIon ble Council to settle and de 
termine y c difference of money from time to time as his Exc ys Sal- 
ary by virtue of s d grant may become due & make report unto 
his Exc y in order that he may receive y e full value agreeable to 
said grant, and their Report shall justify the Treasurers paying 
the same. Sent up by Mr. Knight. [Concurred.] 

The House adjournd for one quarter of an hour by order of 
the Speaker. 



1753.] JOURNAL OF THE HOUSE. 219 

Met according to adjournment. 

An Act to Inforce the assessing & Collecting of Rates of Taxes 
having been read three Times : 

Voted That it pass to be enacted. Sent up by Mr. Gidding. , 

Voted That there be allowed & paid out of the money in the 
Treasury unto the officers and soldiers posted & employed by his 
Exc y the Govern r at his Maj tys Fort William & Mary from the 25 th 
1753 to y e 25 th March 1754, Two hundred & fifty pounds new 
Ten r to be in full for wages & billeting & all other allowances 
during said Term & that the money be drawn quarterly out of the 
Treasury by his Excellency the Governor's warrant. Sent up by 
Mr. Wentworth. [Concurred.] 

The House adjournd for ten minutes. 

Met according to adjournment, 

The House adjournd till tomorrow nine o'clock by order of the 
Speaker. 



[p. 361.] Saturday June y e 30 th 1753. 

Met according to adjournment. 

An Act for calling a meeting of the Inhabitants of the Town- 
ship of Bow and of the Inabitants of the Township of Barring 
ton both in said Province, to be severally held within said Town- 
ships Respectively having been read three times, 

Voted That it pass to be enacted. Sent up by Mr. Knight. 

The House adjourned for ten minutes by order of the Speaker. 

The House met according to adjournment. 

Mr. Secretary brought down a written message to his Exc y as 
on file, Recom g the choice of a new agent, & also and addressing 
his Maj ty for further time for calling in & sinking the Canada 
Emiss : 

Governor s Message. 

[Copied from MS. Gov 1 * Mess. Vol. II. p. 109.] 
Mr. Speaker & 
Gentlemen of the Assembly — 

Mr. Thomlinson who is your present agent, being at Bath for the re- 
covery of his health, where he proposes to remain until the month of 
November, it will be impossible for him to attend the business of the 
Province, and he having signified to me, and to the Assembly, that it will 
be necessary for the Government to appoint a new agent, (1) & at the 
same time recommends J. Pownall Esq 1 ', as a flt person : the gentleman is 
an intire stranger to me, and I presume to all in the administration, but 
as he is Reporter to the Lords of Trade he may be the most suitable per- 
son & Mr. Thomlinson mentions that Gentleman to me as a great favor- 
ite at that Board, which may render his services to the Province more 
acceptable than any other. 

(1) The communication above referred to, cannot be found.— Ed. 



220 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Your public concerns at this juncture demand a person that can always 
attend on the offices when required. & Mr. Thomlinson's health not per- 
mitting him to do that, since Mr. Pownall is an Intire stranger to the 
Government, I should recommend at least that you joyn him with Mr. 
Thomlinson to transact your affairs at the Court of Great Britain, w ch 1 
am hoping will be agreeable to the House. 

liy letters I this morning rec (1 from England I conceive there is an ab- 
solute necessity for your so doing, & that the House joyn with his Maj- 
esty's Council in addressing the King for further time for calling in and 
sinking your Canada Emissions — which the Secretary will inform you 
more fully of. 

It was my intention to have given you a recess at this busy Season be- 
fore the above letter came to me, but I now think it necessary to keep 
you sitting, or to give you but a short adjournment (if you desire it) until 
these things are fiuished — Esteeming them quite expedient for the public- 
good. 

Council Chamber in B. Wextwokth. 

Portsm June 30 th 1753. 

Voted That the Ilonb 1 Meshech Weare Esq. Matthew Livermore 
Esq. & Mr. Henry Sherburn be a Com tce of this House to joyn 
with such as may be appointed by the Honb 1 Council Immediately 
to prepare & lay before the Gen 1 Assembly an address to his most 
Gracious Majesty, Humbly Representing the state and circum- 
stances of the Province with regard to the paper Currency, the 
great load of Debt contracted in promoting the intended expe- 
dition ag st Canada, & carying on the late war, How far short the 
sum repaid by his Majesty falls of what the Province Disbursed 
to promote the intended Expedition and that it is utterly im- 
possible for the Government to sink the Bills Emitted for that use 
all at once without involving the Province in certain Ruin, <fc 
Humbly praying for further time to call in and sink said Bills. 

Sent up by Mr. Page. [Concurred.] 

[p. 362.] Mr. Secretary came into the House cv; adjournd the 
General Assembly by the Gov rs order to Tuesday y e 10 th day of 
July next. 



Tuesday July 10 th 1753. 

A number of the House met, but not sufficient to make a House, 
nor the Speaker. The Secretary came into the House and by his 
Excellency's order adjournd the Gen 1 Assembly to three of the 
clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. 

Mr. Speaker Weare being absent and not able to attend by 
reason of Indisposition of Body, Mr. Henry Sherburn Jun r was 
chosen Speaker pro Tempore. The House adjournd till tomorrow 
morning nine o'clock by order of the Speaker. 



1753.] 



JOURNAL OF THE HOUSE. 221 



Wednesday July 11 th 1753. 

Met according to adjournment. 

Voted that his Excellency be desired to lay before the House the 
letters referred unto in his message to the House of the thirtyeth 
day of June last. Sent up by Mr. Knight. 

The Secretary bro't into the House the Petition of Timothy 
Clements and one of Nathan Kendall, John Goffe & others, (a) 

(a) Jour. C. & Ass. July 11, 1753. A petition signed Timothy Clements 
praying an allowance for measuring and taking a plan of Winuipiseoca 
Pond read and sent Down to the House of Representatives. 

The petition of Jeremiah Coleburne, Nathaniel Kendall and others 
Praying that a road near Amoskeag falls as ordered by the Qr. Sessions 
may be confirmed .&c. read and ordered to be sent down* to the House of 
Representatives. 

[p. 363.] The Secretary came into the House & in answer to 
the message of this House to his Excellency this day said That his 
Excellency said he tho't it would be dishonorable to the Board of 
Trade to lay their letter before the House, that sundry of the mem- 
bers had seen it, and y* he made no doubt but that others of y m 
might see it in a private capacity. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment 

It being put to vote whether the House would join any other 
person with Mr. Thomlinson to transact the aifairs of this Prov- 
ince at the Court of Great Britain, it passed in the Negative. 

Voted That the muster Roll of Major Thos. Davis be allowd 
amounting to the sum of Ten pounds eight shillings and three 
pence New Ten r and paid out of the money in the Treasury to the 
s d Major Davis, and y l he be accountable to the Respective Per- 
sons. Sent up by Mr. Lovewell. 

[p. 364.] Voted That the additional muster Roll of Capt. Jon- 
athan Snow for Billeting amounting to the sum of fifty four Pounds 
eight shillings and nine pence New Ten r be allowd and paid unto 
the s d Snow or his order out of the money in the Treasury. Sent 
up by Mr. Lovewell. 

The Committee appointed to tell over and Receive the Tax 
money to be burnt making Report that they had rec'd of Geo. 
Jaffrey Esq. Treasurer Five Thousand four hundred and seventy- 
five Pounds two shillings old Ten r and burnt it in the face of the 
Gen 1 Assembly, Voted y* the s d Report be receiv'd and accepted. 

The Secretary came into the House & said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Tuesday y e 24 th 
day of July Inst, ten of the clock in y e forenoon and accord 
ingly adjournd the same. 



222 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Tuesday July 24 th 1753 

Met according to adjournment. 

The Committee for selling the Excise laying before the House 
their account lor selling the same amounting to the sum of Eight 
Pounds four shillings and four pence halfpenny New Tenor, 

Voted That the same be allowed and paid unto the s d Committee 
[p. 365.] out of the money in the Treasury put in as Excise money. 
Sent up by Major Davis. [Concurred.] 

The House adjourn'd till to morrow morning nine o'clock by 
order of the Speaker. 



Wednesday July 25 th 1753. 

Met according to adjournment. 

Voted That there be allowed and paid out of the money in the 
Treasury unto Israel Pierce or order the sum of Three Pounds ten 
shillings new Tenor in full for his guarding at Rochester in the 
year 1748 under Capt, Job Clements, as, a listed soldier two 
months, nothing having been allowed him in the muster Roll al- 
ready made up, excepting two Pounds new Tenor advance wage?. 

Sent up by Capt. Wentworth. [Concurred.] 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Committee appointed to tell over and receive the Tax 
money to be burnt, making Report that they had received one 
thousand two hundred and fifty eight Pounds five shillings and 
nine pence of old Tenor, y e same was bro't into the House and 
burnt in the face of the General Assembly. 

Voted That the said Report be received and accepted. 

[p. 3GC] The House adjournd till tomorrow morning nine of 
the clock by order of the Speaker. 



Thursday July 26 th 1753. 

Met according to adjournment. 

Voted That Mr. Henry Sherburn jun, Speaker of the House pro 
Tempore be and hereby is desired, authorized and Impowerd to sign 
in behalf of this House the Address of his Majesty's Council and 
Assembly of this Province unto his most Excellent Majesty and a 
Duplicate thereof, Voted This day to be presented unto his most 
Excellent Majesty. And that the Committee already appointed to 



1753.] JOURNAL OF THE HOUSE. 223 

correspond with John Thomlinson Esq. agent for this Province at 
the Court of Great Britain be and hereby are desired to forward 
the s d Address and to request him the s d John Thomlinson Esq. to 
present and enforce the same. Sent up by Coll. Gilman, Esq r 
Philbrick <fe Mr. Knight. [Concurred.] 

Voted That the Committee already appointed to correspond 
with John Thomlinson Esq. agent for this Province at the Court 
of Great Britain, be and hereby are desired to write to him the s cl 
John Thomlinson Esq. desiring him still to continue agent for this 
Province at the s d Court. Sent up by Col. Gilman Esq. Philbrick 
& Mr. Knight, [Concurred.] 



[The following is the Address to his Majesty, above referred to. — Ed.] 
[Copied from MS. ' ; Addresses to the King," pp. 89-99.] 

Province of ) 

N. Hamp r 5 To the King's most Excellent Majesty. 

The Memorial of your Majesty's Council and Assembly of your Majesty's 
Province of New Hampshire in New England most humbly shews : 

That in the year one thousand seven hundred and forty three, your Maj- 
esty's Province of New Hampshire had not more than six thousand Pounds 
new Tenor in Paper Bills then Extant, on the credit of the Government, 
which sum was emitted by several acts agreeable to your Majesty's In- 
structions to the Governour of this Province, and conformable to the said 
acts hath been applyed to the payment of and discharging such debts as 
arose in supporting this your Majesty's Government and in Executing your 
Majesty's order and Commission in settling the dividing line between this 
Government and your Majesty's Government of the Massachusetts Bay. 
The whole of which sum hath, agreeable to the several Periods fixed in 
the several Acts for emitting the same, been from time to time duly levyed 
and burnt to ashes, so that our Public Debt was then comparatively small 
and no great Difficulty attended the sinking said sum, the last of which 
was brought into the Treasury in the year one Thousand seven hun- 
dred and forty Nine. But so it happened May it please your Majesty, 
that your Majesty being tired with forbearance, very justly declared War 
against the French King : His Excellency the Governour of this Province 
receiving your Royal Comands to put this Province into the best Posture 
of Defence its circumstances would admit of: Duty and Inclination im- 
mediately obliged us to involve ourselves not only in Defending the Fron- 
tiers of this your Majesty's Province against the Incursions of the Indian 
Enemy (to wmich this Province in time of War is much exposed) but to 
assist (beyond our proportion and ability) in carrying on an Expedition 
against your Majesty's Enemys the French settled atLouisbourgh, Neither 
of which could possibly be effected and carryed into Execution without 
an Emission of Paper Bills. This and this only was the occasion of our 
breaking through our Determination & Resolution to have no more Paper 
Bills on the credit of the Province Extant than what was allowed by your 
Majesty's Immediate Instructions, and this necessarily occasioned an Emis- 
sion of paper Bills of Credit to the amount of thirteen thousand Pounds 
New Tenor in the month of February one thousand and forty four, and 
by the act by which the same was Emitted, A Tax of thirteen Thou- 
sand Pounds new Tenor on the Polls and Estates within this Provincewas 



^-4 PROVINCE OF NEW-HAMPSHIRE. [1753. 

granted to your Majesty for the Repaj-mcnt of said sum, in ten equal an- 
nual payments, commencing the twenty-fifth clay of December one Thou- 
sand seven hundred and fifty-one : — That most of this Emission was im- 
mediately expended in Levying and Embarking our Troops in the said 
Louisbourg Expedition, and the seige continuing longer than was expect- 
ed and having at the same time repeated Informations from the General 
there, of the Necessity of a Reinforcement of men and of a Supply of Pro- 
visions and warlike stores, caused a New Levy of three Companys, the 
charge of which caused another Emission of six Thousand Pounds new 
Tenor in Bills of Credit, and for the Repayment thereof A Tax of Six 
Thousand Pounds new Tenor was granted to your Majesty on the Polls 
and Estates in this Province to be levyed in six equall Annual Payments, 
commencing the twenty-fifth day of Decemoer one Thousand and seven 
hundred and Sixty one, soon after which we had the News of the City and 
Countrys thereabouts being surrendered to your Majesty's arms, and it 
being absolutely necessary that a sufficient Garrison should be maintained 
there untill your Majesty's Pleasure could be known thereon, and the Ex- 
pence having exceeded the Provision there made and the greater part of 
our men being detained there, made it necessary to emit more Paper Bills, 
and this was the sole Reason of a third Emission of Paper Bills in the month 
of October one Thousand and seven hundred and forty-five to the amount of 
Eight Thousand Pounds New Tenor, and a Tax granted as aforesaid for Re- 
paying the same in four equal annual payments, commencing the Twenty 
fifth day of December one Thousand seven hundred and sixty three. 

That in the Summer of the year one Thousand seven bundled and 
forty-six His Excellency the Governor of this Province by your Majesty's 
order Informed us, of your Majesty's gracious Intentions of an Expedi- 
tion against Canada, your Majesty at the same time directing and ordering 
the Levying, cloathing and arming as many men as could be got ready and 
transports equipped to embark them by the time proposed for your Maj- 
esty's forces from Europe arriving in America, all which this your Maj- 
esty's Province of New Hampshire readily and cheerfully complyd with 
and obeyd. But then, May it please your Majesty, it was impossible for 
us to do any thing to purpose in this affair, without a further and larger 
Emission of paper Bills inasmuch as our former Emissions were all Ex- 
pended and the Province greatly in debt bj r the heavy charge of support- 
ing a great number of men to protect, defend and cover our Infant 
Erontiers : 

That to promote the Intended Expedition against Canada the sum of 
Sixty Thousand Pounds new Tenor Bills of Credit was emitted and that 
in the Act for Emitting the same no particular Period is fixed for calling 
in and sinking said Bills, But it is declare! in the said Act, That in case 
the charge & expense this Province should be at in the Prosecution of the 
s d Expedition against Canada, should be Repaid by your Majesty or out of 
the Revenues of the Crown, then the money so repaid should be put into 
the Treasury as a Fund for the immediate calling in and sinking said Bills 
by exchange with the Possessors thereof or otherways as the General As- 
sembly should order, and in case the sum so repaid should fall short of 
the sum expended in the s d Expedition that what should be so wanting 
should be levyed by a Tax on the Polls & Estate of the Inhabitants within 
this Province in such way and manner as the Gen 1 Assembly should de- 
termine at their next session after that matter could be ascertained 

Now we beg leave to inform your Majesty, That notwithstanding your 
Majesty's gracious Bounty in granting us a Reimbursement of our Expen- 
ses occasioned by the Expedition against Louisbourg & such a part as 
seemed agreeable to your Majesty's wisdom and goodness to grant tow- 
ards the defraying the charge incurred by the intended expedition against 
Canada which (we trust) will be handed down to and gratefully remem- 
bered (in a most dutiful Behaviour) by our latest Posterity : — Yet, with- 



1753.] JOURNAL OF THE HOUSE. 4 225 

out your Majesty's gracious aid Prevents, our Difficulties are such as we 
must inevitably sink into Ruin — forasmuch as the remaining charge of 
the Canada Expedition together with the Heavy expence in Defending 
the Frontiers of this Province from the Inroads of the Indian Enemy, 
which our near situation to Canada peculiarly exposes us unto in time of 
Warr has involved -us in a very heavy debt exclusive of the Incidental 
charges of the Government : We would beg leave further to observe to 
your Majesty, That with respect to the Intended Expedition against Can- 
ada, this Province, considering its situation and other circumstances, 
was at a much greater expense than any of your Majesty's other Govern- 
ments : — the men raised here having (besides their Billeting money first 
given them) their Provision constantly delivered them a great part of the 
time, The Transports for carrying the Regiment of a Thousand men 
equipped, victualled and manned, in the constant pay and subsistance 
of this Government till late in the fall of that year ; — all which charges 
and many others incident to such Expeditions fall intirely upon the In- 
habitants of this Province to pay by a tax upon the Polls and Estates 
within the same ; the only way we have of raising money here. May it 
please your Majesty; — Your Majesty's subjects in this Province are not 
desirous of large Emissions of paper Bills, nor of Extending them to 
farther Periods than the situation & circumstances of the Province abso- 
lutely require, and far from desiring to postpone the payment of any Pa- 
per Bills now out, But willing to sink all at the periods flx'd in the sev- 
eral acts for emitting the same, and doubt not we shall be able to ac- 
complish it, if not prevented in our projected scheme calculated for 
answering that end, — which, we beg leave to inform your Majesty is to 
invest the money Your Majesty has been graciously pleased to grant us, on 
account of the said Expedition, in some of the National Stock (or 
funds) and y l the Interest may be apply'd annually for a number of years 
for the sinking of the Bills emitted for and improved towards the intend- 
ed Expedition against Canada, together with a Tax to be laid on the Polls 
and Estates on the Inhabitants within this Province So that all our Paper 
Bills now extant shall be bro't in by the time fixed in the several Acts for 
emitting the same, and this we hope will meet with your Majesty's gra- 
cious favour and approbation, as it fixes our money in England and will 
enable us not only to call in our Paper Bills, but also put us into a capac- 
ity of supporting in a more honorable way the Dignity of this your Maj- 
esty's Government, than possibly we can if suddenly prohibited the use 
of our paper currency, and as we humbly conceive doth not militate with 
the act of Parliament for Regulating and Restraining Paper Bills of Credit 
in your Majesty's Colonys or Plantations of Rhode Island &c. made and 
passed in the twenty fourth year of your Majesty's Reign. 

Except this be indulged us Iw your Majesty we can see no way in Pros- 
pect we have of being able to pay our just Debts or to support the Hon- 
our and credit of this your Majesty's Governing We beg leave further to 
Inform your Majesty that over and above the sums before mentiond, an 
Act of Ass m passed here in the month of May last for granting unto your 
Majesty the sum of Twelve Thousand five hundred Pounds New Tenor to 
be raised upon the Polls and Estates of the Inhabitants within this Prov- 
ince for Discharging the arrearges due in supporting the Government, 
Defending the Frontiers in the late Warr and Promoting the Intended 
Expedition against Canada, many just Demands occasioned by that Expedi- 
dion having not yet being satisfyed, which sum is by the s d act to be paid 
into y e Treasury in five equal annual payments commencing the last 
day of December one thousand seven hundred fifty three : 

That we are now Burthened with an annual Tax of three Thousand eight 

hundred Pounds new Ten 1 *, besides what we must raise for the necessary 

support of the Governm* in those years, which amounts to double the sum 

ever rais'd in this Province in anyone former year and which by no means 

]5 



22G PROVINCE OF NEW-HAMPSHIRE. [1753. 

(as we can foresee) can be raisd if our Taper Bills should be immediately 
calld in and sunk, we having neither silver or gold passing amongst us. 

We have, May it please your Majesty, endeavoured to state the tacts in a 
jUst and true light. Wherefore We most humbly pray that your Majes'y 
will be pleasd to suffer and allow us to put the money granted us by your 
Majesty on account of the s d Expedition, into some of the public funds or 
stocks in England and remain there a few years, till by the help of the In- 
terest thereof we shall be enabled to Extricate ourselves from the great 
difficultys we now labour under. And that as there is no certain time 
fixed in the Act for emitting the sum of Sixty Thousand Pounds for the 
Intended Expedition against Canada, when the same shou d be called in 
and burnt, your Memorialists most humbly pray that your Majesty will be 
graciously pleased to grant such an Instruction to his Excellency our Gov- 
ernor, as that he may be enabled to pass an Act for raising so much of s d 
sum by a Tax annually on the Polls and Estates of the Inhabitants of this 
Province, as shall with the annual Interest of the money granted by vour 
Majesty sink the said sum of Sixty Thousand Pounds by the end of the 
year one thousand seven hundred and sixty six. 

Province of 
New Hampshire 

In the House of Kepresentatives, July 26 th 1753. Voted, That 
the foregoing Address be presented unto his most Excellent Maj- 
esty. 

Hen. Sherburn, Speaker 
Pro tempore. 



[Note. The Letter of the Committee to John Thomlinson Esq. cannot 
now be found ; but the following, which appears to be in Mr. Thomlin- 
son's own hand, is his reply to the letter sent. — Ed.] 



Gentlemen 



[Copied from MS. Corr. Vol. II. pp. 85-87.1 

East Barnet, ye 9** of Oct* 175:"!. 



Last week I received your Favor of y e l sL of August inclosing a vote 
of your Assembly for continuing me your Agent, and a Memorial ; and 
tho' I had wrote you That it would be of the greatest advantage to the 
Province, to make Mr. Pownall your agent, and that I should then con- 
tinue to serve the Province, and every individual in it, to y e utmost of 
my power, yet you have not done it, and which I am sorry for; and yet, 
T cannot help looking upon the good opinion your Government seems to 
express toward me, by this vote, as a great compliment, and you may de- 
pend upon it, 1 will do every thing in my power to serve you; But let 
me once more say, that For your own sake's I desire that you will ap- 
point this Gentleman whilst 1 am able to assist him, by acquainting him 
with all things relating to your Government, which he may not otherwise 
be so soon made acquainted with. Indeed want of Health was the cause 
which induced me to make this request, for since July 1752 I have not 
been able to get to London above eight or nine Times, and then, when it 
was unavoidable and chiefly on the Business of your Province; and just 
after 1 had wrote yon in March last, 1 went to Bath for the Recovery of 
my health, and there was taken with a fit of sickness, which confined ni« 
there until the latter End of June, and for some time, I continued to be 
given over by my Physicians, Family and Friends, and since my return 



1753.] JOURNAL OF THE HOUSE. 227 

to this place I have been recovering Slowly, but am still encoraged by 
my Physicians 'to hope, That by my retiring thus from all kinds of Busi- 
ness, and Riding constantly (as I now do) for a Time, will restore me to 
a good state of health. 

I wrote you on y e 3 d of March as fully as I was able, and then told you, 
that I had purchased for you twenty thousand pounds of three per cent 
annuitys of 1751, and sent you the cost which was near Twenty one 
thousand pounds, and that I should lay out the remainder of your money 
in my hands, in the same annuitys, if it should be cheaper, or on my re- 
turn from Bath, and desired you to send me a proper power of attorney, 
to accept it for you in the name of y e Governor, Council & Assembly of 
New Hampshire, and to receive the Interest thereof, as it should become 
due, so that I nor any Body else will be able then to meddle with or dis- 
pose of it, without a proper power for Uiat purpose from your Gover- 
nor, Council & Assembly, and untill you do thus, it must stand in my 
name and be as much at my disposall, or at the disposall of my Executors 
in case of my Death, as tho' it was my own money. You say you are still 
at a loss to know how the particular power of attorney must be executed. 
I think I then told you. But at present, I think, if the Assembly passes 
a vote to impower your Gentlemen to Execute such a power of attorney 
as I have directed, and that vote to be authenticated by y e concurrence of 
the Governor & Council, and the seal of y e Province, and annexed to your 
power, it will be suticient, and when I shall put the Remainder of your 
money in y e Same fund, and put it out of mine, or any Bodys power to 
Touch it, without proper power for so doing, and shall settle with Mr. 
Paris, who has just now sent me in Large Bills for this long affair of 
Fort Dummer &c. & send your account perfect, as soon as I am able to 
get that and some other little affairs settled, and that you may know the 
state of the Province affairs here with me, I will acquaint you as near as I 
can in my present situation, That your Ballance in my hands of the Ac- 
count I had drawn out in order to send you about two years since, after 
all Fees, charges, Gratuitys &c. and my debts were deducted, was about 
twenty nine thousand, one hundred Pounds, the particulars of which and 
Every thing else that I have since done, you shall have as soon as I ara 
able to make out your account. And altho' stocks still continue high, 
and I have not been able to lay out your other Eight Thousand pounds, 
in y e same fund with the other, yet that you may not suffer, I have placed 
it aty e same Interest, and I have received £300 for the half year annuity 
of y e £20,000, and your account has credit for the same, as it will always 
have for all your Interest, as I shall receive it. 

As to the Memorial you have sent me, with desire that I will make the 
proper and best use of it, and you may depend on it I shall, if ever I have 
occasion to make any use of it, or any part of it : But my present opinion 
is, That the presenting a memorial to his Majesty is improper at all times, 
But this memorial would be particularly improper, as it prays for leave to 
place your money in the Funds, which is already done in effect, and I 
think from what I wrote the Secretary in one of the Letters I referr'd to 
in mine to you of y e 3 d of March, That you have nothing to fear on that 
account, if you remain quiet on that head, and can in all other money af- 
fairs conform to the late Act of Parliament for regulating & restraining 
Paper Bills of Credit, as you must do, by all means, and if y e £12,500 New- 
Tenor you in May last pass'd an Act for, is contrary to the said Act of 
Parliament, are you to tell his Majesty that you have done it, when it is 
not in his Majesty's power to Excusing your Breach of an act of Parlia- 
ment, or Grant an Instruction to his Governor to act contrary thereto? 
Therefore to present this Memorial to his Majesty (supposing it was 
decent at any time to Memorial the King) would (in my opinion) be in- 
volving you in such difflcultys as may not easily be got over, and raise all 
your Enemys in judgment against you. Therefore I shall keep it by me 



228 PROVINCE OF NEW-HAMPSHIRE. [1753. 

in private ; however I am glad to have such a clear State of y e affairs of 

the Province in my possession, as it may be oi great use to me if I should 
he call'd upon for any thing you have done amiss. 

I shall be most heartily glad to have the papers which Mr. Paris and 1 
wrote for, to put an end to the affair of Fort Dummer, as all the applica- 
tion and Interest I have been able to make, has with great difficulty pre- 
vented it being heard thus long, and you must know I have not any thing 
that can enable my council to make a proper Diffence, and if it is 
brought on before 1 have proper papers, you may judge what will be the 
consequence. 

There is another affair, tho' it was sent me by Mr. Atkinson as a private 
Appeal, yet as the Determination thereof may in some measure affect the 
Province, it may not be improper here to say, that tho' Mr. Paris has so 
long since wrote for such proofs as he thinks are necessary for the trying 
that Appeal, yet nothing of that sort is yet come to my hands, I mean that 
of French against Falansby. 

Aud now Sirs, give me leave once more to recommend to you to culti- 
vate the happy agreement & Harmony which now seems to subsist 
between the several Branches of the Legislature, and do everything in 
your power for the benefit and advantage of the Province : And for my 
part, I shall (as long as it shall please God to enable me) Endeavour to 
serve you as far as 1 can, not only while I am continued your Agent, But 
as long as I live, I shall with y e utmost pleasure, contribute all in my 
power to forward the prosperity of the Province for which I have so great 
a value, and can assure you, it is no small proof of my regard for you, that 
I have undertaken to w r rite you so long a Letter, before I am so far recov- 
ered as to be able to engage in writing or meddling with Business of any 
consequence. However, 1 am now, and I hope shall always be with great 
Truth- 
Gentlemen, your most hum 1 , serv*. 

John Tiiomlinson. 
To Theodore Atkinson 1 
Richard "Wibirtl I 7 . 



Mr. Speaker Wear 
Henry Sherbourn 



sqs. 



The Attorney and Solicitor General's Jiepovt, dated Aug. 14 th 
17o2, relating to certain Townships and Tracts of Land; laid 
before his Majesty's Council, Sept. 1, 1753. ["See p. 23 of this 
volume.] 

[Copied from Scc> s office. ' ; rrov. Boundaries."] 
New Hampshire — 

State of the Case with respect to certain Townships and Tracts of Land 
granted by the Governments of the Massachusetts Bay and Connecticut 
in New England, which Townships and Tracts of Land are now Part of 
the Province of New Hampshire by the Determination of the Boundary 
Line between that Province and the Province of the Massachusetts Bay in 
the year 1738. 

Disputes having for a long time subsisted between the Provinces of the 
Massachusetts Bay and New Hampshire with respect to their Boundaries, 
in 1733 a Petition was presented on Behalf of the Province of New 
Hampshire praying that Commissioners might be appointed to ascertain 
the Boundaries — 

Upon hearing of both Parties before the Attorney and Solicitor Gen- 
eral, the Board of Trade and the Council His Majesty was pleased by his 



1753.] JOURNAL OF THE HOUSE. 229 

Order in Council the 9 th Eebr>' 173G, to direct that a Commission should be 
prepared and pass Under the great Seal, authorizing Commissioners to 
mark out the dividing Line between the Provinces of the Massachusetts 
Bay and New Hampshire, giving Liberty to either Party therein who 
thought themselves aggrieved to appeal therefrom to his Majestie in 
Council. In Pursuance of His Majesty s said Commission, Commissioners 
met and reported their Determination specially, upon which both Pro- 
vinces appealed to His Majesty in Council, and afterwards their Lordships 
reported to His Majesty as their Oppinion that the Northern Boundaries of 
the Massachusetts Bay are and be a similar curve Line pursuing the Course 
of Merrimac Jiiver at three Miles Distance from the North side thereof begin- 
ning at the Atlantic Ocean and ending at a Point due North of a Place in the 
Plan returned by the said Commissioners called Pautuket Falls, and a straight- 
Line Dravm from thence due West, crossing the said Paver till it meets with 
His Majestys other Governments — and that the rest of the Commissioners 
said Report of Determination be affirmed by His Majesty. In 1738, His 
Majesty was Pleased with the advice of his Privy Council to approve of 
their Lordships Report, and to confirm it accordingly in Consequence 
whereof the Line has been mark'd out. 

In the years 1735 and 1736. while the appeals from both the Massachu- 
sets Bay and New Hampshire were depending before his Majesty the 
General Assembly of the Massachusets Bay granted above thirty Town- 
ships between the Rivers Merrimac and Connecticut, which Townships 
upon the running of the Boundary Line in 1738 fell within the Province oi 
New Hampshire. The conditions of these Grants were that the Grantees 
should settle the said Townships within 3 years after the date of their re- 
spective grants, but this condition has been performed by very few. if by 
any of the Grantees no obligation to pay Quit Rents or a Reservation of 
Pine Trees lit for the service and supply of his Majestys Navy, are insert- 
ed in any of these Grants altho no Grant ought in good Policy to be made 
of any Lands in any Part of North America without both these Provis- 
ions which have been thought of so much Importance and so absolutely 
necessary for the publick service that Mr. Wentworth His Majesty Gov- 
ernor of New Hampshire was particularly instructed in the year 1741 
never to pass any grant of Lands without enjoining express conditions of 
cultivation the Reservation of Quit Rents and the Reservation of such 
Pines as are of size for the use of his Majestys Navy. 

There are also about 00,000 Acres of Land situated on the West side of 
Connecticut River which were purchased by private Persons, from the 
Government of Connecticut to whom that Land had been laid out, by the 
Government of the Massachusetts Bay, as an Equivalent for two or three 
Townships which the Massachusetts Bay purchased from Connecticut 
Government ; This Tract of Land by the Determination of the Boundary 
Line in 1738 is become a Part of New Hampshire, but the Proprietors of 
it are subject to no Conditions of Improvement and the Land lies waste 
iind uncultivated. 

Question. 

Whether the Crown can resume the Lands granted by the Province of 
the Massachusetts Bay under Condition of Cultivation those Lands being 
now become a Part of New r Hampshire by the running of ths Boundary 
Line in 1738, in Cases where the Proprietors have not performed the con- 
ditions of their Grants, and if the Crown can what is the most advisable 
.-and regular method of making such Resumtion? Whether in the case of 
the Lands granted away by the Province of the Massachusetts Bay to par- 
ticular Persons with out any condition of cultivation, the Crown can now 
inforce the Proprietors of such Lands to cultivate them or oblige them to 
take these Lands under new Grants upon the said Lands being made a part 
-of the Province of New Hampshire by the Determination of Boundary 



230 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Line in 1738. We are clearly ol" opinion the Crown may resume the Lands 
granted on condition of settling within three years where there has in 
tact been no settlement. 

With regard to lands granted by the Massachusetts Bay, without any 
such express condition where there has been no settlement as they appear 
now to have been no part of that province their grants are in themselves 
void as against the Crown; and there appears no ground to support them, 
but on the foot of the direction which we find to have been given in an 
order of Council of the 22 of January 1735, when the commission for mak- 
ing the Dividing Line between the two Provinces was first directed, viz: 
That due care should be taken that private property might not be affected 
by it : We do not find that this direction was continued either in the order 
of the 9 th of February 1730 on which the present Commission issued, or 
in the commission itself, or that the commissioners in their report taken 
notice of any such Private rights, or that they are saved in the final Order 
of the Council that establishes the Boundary Line. However, considering 
the manifest intent of these sort of grants whether appearing from the 
general nature or the particular recitals or considerations of them that 
the country may be settled and Inhabited, and the Tacit condition attend- 
ant on them the Lands should be settled in a reasonable time : We think 
due care will be taken of the private property arising from these Grants, 
if His Majesty shall be pleased to give these sort of Proprietors a reason- 
able time to come in and accept of new grants upon Terms of settling the 
Lands within a certain time reserving the old Quit Pent and Pines tit for 
His Majestys Navy; And in case of their not accepting these Terms His 
Majesty may resume the Lands. 

The Proper manner of making such resumption after such default is by 
making new grants to such as shall be willing to accept them at such 
Rents and on such Terms as shall be thought most advisable — 

Signed 1). Ryder, 

W. Murray, 
14. Aug. 1752. 

[p. 367.] The Secretary bro't into the House the Petition of 
Nicholas Smith. 

Upon Reading the Petition of Nicholas Smith Voted That the 
Petitioner he heard on the s d Petition on the third day of the sit- 
ting of the Gen 1 Assembly next after the third day of August 
next, and that the Petitioner at his own cost serve all partys in- 
terested in the lands referr'd unto in the s d Petition with a copy 
of the s (1 Petition and of the order thereon, that they may appear 
and shew cause, if any they have, why the prayer of the Petition 
should not he granted. 

Sent up by Mr. MacMurphy. [Concurred.] 

Voted That there be paid unto Mr. William Webb out of the 
money in the Treasury the sum of forty shillings new Tenor in 
full for drawing a fair copy of an Address to his Majesty, and a 
duplicate thereof which lie is to draw. Sent up by Deacon Phil- 
brick. [Concurred ami assented to by the Governor.] 

The House adjourn d for the space of five minutes by order of 
the Speaker. The House met according to adjournment. 

[p. J5G8.] A ]>ill for enabling the Sessions to grant Taverners, &c. 
past to be enacted Sent up by Mr. Wiggens tvj Mr. Hale. [Con- 
curred.] 



1753.] JOURNAL OF THE HOUSE. 231 



% 



The Secretary came into the House and said lie was directed by 
his Excellency to Prorogue the General Assembly of this Province 
to Tuesday the thirtyeth day of October next and in his Majestys 
name Prorogued the same accordingly. 



December 11 th 1753. 

A number of the members met according to his Excellency's 
Prorogation, namely, Col. Peter Gilinan, Eleazer Russell, Esq. 
Clem* March, Esq T .*Tlio B Bell, Esq. Deacon Joseph Philbrick, Dea 11 
Jon a Tuck & Matthew Livermore, and the Secretary came into 
the House and said he was directed by his Excellency to Prorogue 
the Gen 1 Assembly to Wednesday the Second day of January next 
ten of the clock in the forenoon and accordingly in his Majesty's 
name, Prorogued the same. Mem . Rich 1 Jenness Esq. came 
into the House a few minutes after the Prorogation, but before 
this Entry was finished. Also Mr. Zebulon Gidding came in soon 
after. 



[p. 369.] Wednesday, January 2 d , 1754. 

A number of the House met agreeable to Prorogation, viz. Coll. 
Gillman, Mr. Gidding, Mr. Wiggin, Deacon Tuck, .Capt. Jenness, 
Matthew Livermore, Mr. Knight, Deacon Philbrick, & Mr. Rus- 
sell, but not sufficient to make a House. And the Secretary came 
into the House & said he was directed by his Excellency to ad- 
journ the General Assembly to three of the clock in the afternoon, 
and accordingly adjournd the same. 

Post Meridiem. 

A number ot the members met, viz. Col. Gil man, Mr. Russell, 
Capt, Jenness, Mr. Tuck, Deacon Philbrick, Mr. Wiggin, Esq. 
Philbrick, Matthew Livermore, Mr. Gidding, Mr. Knight and Doc- 
tor March, met and the Secretary came into the House and said 
his Excellency desired the House to wait upon his Excellency at 
the Council Chamber, which was at the dwelling House of the 
late Coll. Moore, dec d . Whereupon the members present waited 
upon his Excellency at the Council Chamber who made a speech 
to the Gen 1 Assembly, a copy of which was desired, and deliverd 
by the Secretary to the members and the Papers referrd to in the 
Governour's Speech 

Here follows the Governour's Speech, Namely : 

|_p. 370.] Gentlemen of the Council and of the Assembly. 

The unprovided state of the Government for accommodating- the Gen- 
eral Assembly in the present Sessions on, renders my attendance extreme- 



232 PROVINCE OF NEW-HAMPSHIRE. [1753. 

\y difficult, even in cases that absolutely demand my attention, for which 

reason I hope you will unite in dispatching the business only that requires 
your first consideration. 

Gentlemen of the Assembly — 

As yon did not take under your consideration in your last Session his 
Majesty's Instruction for compiling a New Body of Laws, I think it Prop- 
er to inform you, That all Laws hereafter to be Enacted by the Governor, 
Council and Assembly, are to be past with a suspending clause, and are 
not to be in force, until they have received the Royal assent, after which 
they are to become a part of your New Laws. 

The great care taken by the Right Hon le , the Lords Commissioners for 
trade and Plantations in Pointing out a method for eli'ecting so necessary 
a work & with so great Ease and Safety to his Majesty's Subjects, I think 
cannot fail of pressing you to your Duty in a matter of such importance 
to the Government. The Secretary will lay before you the Earl of Holder- 
ncss's letters to me of the 28 th of June & 28 th of August last. The for- 
[p. 371.] mer relates to the Arms & military stores, supposed to be under 
my care, that were made use of in the intended Expedition against Cana- 
da, & as the conducting of all necessaries for the service of that Expedi- 
tion, was under the management of a Committee of the Council & Assem- 
bly I must desire that the same Committee may fully Inform me of the 
State of the Arms & Military Stores purchased for that Expedition, that I 
May give a Direct answer to his Lordships letter. 

Ilis Lordships letter of the 28 th of August shew the great care his Maj- 
esty takes of his Dominions in North America, and when any danger 
threatens them his ministers never fail of giving early Notice thereof that 
they may provide for their own safety and Defence. 

The Execution of the Kings commands signifie to me in his Lordships 
Letter, depends on the aid 1 am to Receive from the General Assembly. & 
it will be highly acceptable to his Majesty to shew your Zeal in this ser- 
vice and a readiness to aford a mutual Assistance in this or any other Ex- 
igencies of the like nature. 

[shall likewise lay before you the right Hon b!e the Lords Commissioners 
for Trade & Plantations letter to me dated September the 18 th wherein 
their Lordships inform me, That his Majesty having ordered a sum of 
money to be issued for presents to the six .Nations it was the King's pleas- 
ure to direct his Governour of New York to hold an interview with them 
[p. 372.] for Delivering these Presents and renewing the Covenant chain 
with those Nations, at which interview I am likewise commanded to Rec- 
ommend to t he General Assembly of tnis Province forthwith to make proper 
provisions for appointing Commissioners on the part of this Government 
prepared with Presents as usual and to act in conjunction with the Com- 
missioners of his Majesty's other Governments at the interview. 

His Majesty's gracious intention at this critical conjuncture Rescuing 
these Nations out of the French King's Interest, & the superior advanta- 
ges that must arise to the Province by an alliance with those powerful 
Indians, which we were never fully interested in before, are irresistible 
arguments for your immediate compliance with his Majesty's pleasure on 
this important occasion. 

The Hon ble James Delancey Est). Lieutenant Governor & Commander 
in chief of New York having Transmitted to me a Paragraph of the 
Lords for Trade & Plantations Letter to the Governor of that Province, I 
shall Direct the Secretary to lay it before you. from which you will ob- 
serve that Different measures will be taken at this congress from any that 
hive preceded, That it will be more general, and not confined to one par- 
ticular Colony, but that all his Majesty's Provinces that are present by 
their Commissioners will be included in one General Treaty; after you 
have dulv weighed how interesting this alliance will be to the Province, 



175A : JOURNAL OF THE HOUSE. 26 6 

[p. 373.] with how much more safety the New Towns may be settled 
whereby you will find a surprising increase of Inhabitants, I must not 
doubt of 'your making an ample and honourable graat for this service. 

The Secretary will be directed to lay before you Coll. Hinsdals letter of 
26 th of November, the contents whereof in one particular Instance de- 
mands an early reply, That I may give the necessary orders relative to 
the case therein mentioned ; — which upon Perusing the Letter, you will 
be able to judge how necessary it is to be Early in preventing threaten- 
ing Dangers. 

Being apprehensive that if the reports which Prevailed earl^y in the 
summer, of what is refer'd to in Colonel Hinsdale's letter were true, com- 
plaints would be made thereof at the meeting of the Indians at the in 

the fall of the year accordingly I desired the favour of Governor Shirley 
that his Commissioners might be instructed (upon any complaint of inju- 
ries said to be done by the Inhabitants of New Hampshire) to assure the 
Indians that upon their appointing a Time & Place they should kave a 
full hearing of the Injuries complained of, and satisfaction made accord- 
ing to the nature of the offence, but there being no complaint of any kind 
whatsoever made at that meeting, I was hoping the rumors which were 
spread abroad were false until 1 this letter of Colonel Hinsdale's came to 
my hand. 

You are all sensible, Gentlemen, that the last Period for calling in and 
{p. 374.] sinking the £25,000 Loan his Majesty was graciously pleased to 
indulge this Government with, is arrived, by means whereof one half of 
the Salary settled on me cannot be drawn out of the Treasury after the 
12 th day of Decemb r last, and till you provide a sufficient fund for the pay- 
ment thereof in some other way that may be more convenient, and I am 
persuaded you will not fail of making an honourable provision for me 
when you take it under your consideration. 

Gentlemen of the 

Council and Assembly. \ 

I have endeavored to charge the present session with as few things as 
possible, having confined myself principally to his Majesty's commands, 
by reason of the Inclemency of the season, and other concurring circum- 
stances which render your attendance difficult, intending as soon [as] you 
dispatch what I have recommended, and do further recommend in the most 
pressing terms as things essentially tending to your present happiness, 
and finally will make you a great & flourishing Province, to adjourn you 
to a more convenient season. 

B. Wentwortit. 
Council Chamber in 
Portsmouth, Jan>' the 2 (i 1754. 

Copy examined pr Theodore Atkinson. 



Letters Referred to in the Governor s 3Iessage. 

[Copied from MS. Corr. Vol. II. p. 81.] 

Whitehall 28 June, 1753. 
Sir— 

I am to acquaint you that [it] is the King's pleasure, that the arms & 
military stores which were made use of, upon the Intended Expedition 
against Canada, and which were returned by his Majesty's order, when 
the Troops were dismissed that service, and are now lying in the Prov- 
ince of New Hampshire and in your care, should be forthwith transmitted 



4 ^34 PROVINCE OF NEW-HAMPSHIRE. [1753- 

to Gov 1 ' Shirley at Massachusetts Bay, to be ready for such services as 
his Majesty shall hereafter be pleased to direct. 

I am. Sir, your most obedient humble servant 

HOLDEKXESSE. 

Governor of New Hampshire. 

Copy of a letter laid before the House, Jan v 2 d 1754, by his Excellency 
the Gov 1- . 

Attest : Matthew Livermore, Clerk of the House of Representatives. 

[Copied from MS. Corr. Vol. II. p. 83.] 

Whitehall, 28 th August, 175:'.. 
Sir— 

His Majesty having Received Information of the march of a consider- 
able number of Indians not in alliance with the King, supported by some 
Regular European Troops, intending as it is apprehended, to commit 
some llostilitys on parts of his Majesty's Dominions in America, I have 
the King's commands to send you this Intelligence and to direct you to 
use your utmost diligence to learn how far the same maybe well grounded 
and to put you upon your guard, that you may at all Events, be in a con- 
dition to resist any Hostile attempt that may be made upon any Parts of 
his Majesty's Dominions within your Government, and to direct you, in 
the King's name, that in case the subjects of any foreign Prince or State 
should presume to make any Incroachment on the limits of his Majesty's 
Dominions, or to Erect Ports on his Majesty's Lauds, or commit any other 
act of Hostility, you are immediately to represent the Injustice of such 
Proceedings, and to require them, forthwith, to desist from any such un- 
lawfull undertaking; But if, notwithstanding your Pequisition they 
should still persist, you are then to draw forth the armed force of the 
Province, and to use your best Endeavours, to Pepell force by force. But 
as it is his Majesty's Determination not to be the aggressor I have the 
King's commands most strictly to enjoyn you, not to make use of the 
armed force under your direction, excepting within the undoubted Limits 
of his Majesty's Dominions. 

And whereas it may be greatly conducive to his Majesty's service, that 
all his Provinces in America should be aiding and assisting each other in 
case of any Invasion, I have it particularly in charge from his Majesty to 
acquaint you that it is his Royal will and Pleasure that } r ou should keep 
up an exact correspondence with all his Majesty's Governors on the con- 
tinent, and in case you shall be informed, by any of them, of any Hostile 
attempts, you are Imediately to assemble the General Assembly within 
your Government, and la} r before them the necessity of a mutual assist- 
ance and engage them to grant such supply as the Exigency of affairs may 
require. 1 have wrote by this conveyance to all his Majesty's Governor* 
to the same purport. 

I am, Sir, your most obedient humble serv 1 . 

HOLDERNESSE. 

Governor of New Hampshire. 

A Copy of a letter laid before the House, Jan v 2<* 1751, by his Excellency, 
the Gov r . 

Attest — Matthew Livermorc 

Clerk of the House of Representatives 

[Copied from MS. Corr. Vol. 11, p. 89.] 

Whitehall, Sept. 18* 1753. 
Sir 

His Majesty having been pleased to order a sum of money to be issued 
l'or Presents to the six Nations of Indians and to direct his Governor of 
New York to hold an interview with them for delivering those Presents, 



1753.] JOURNAL OF THE HOUSE. 23o 

for Burying the Hatchet, and for Renewing the Covenant Chain with them, 
we think it our Duty to acquaint you therewith, and as we find it has been 
usual upon former occasions, when an Interview has been held with those 
Indians, for all his Majesty's Colonys whose Interest & security is con- 
nected with and depends upon them to join in such Interview, and as the 
present Disposition of those Indians, and the attempts which have been 
made to withdraw them from the British Interest appear to us to make a 
General Interview more particularly necessary at this time, We desire 
you will lay this matter before the Council and General Assembly of the 
Province under your Government and recommend to them forthwith to 
make proper Provision for appointing Commissioners to be joind with 
those of the other Governments for Renewing the Covenant Chain with 
the Six Nations, and for making such Presents to them as has been usual 
upon the like occasions, and we desire that in the choice and Nomination 
of the Commissioners, you will take care that they are men of character, 
ability and Integrity, and well acquainted with the Indian affairs. 

As to the time and place of meeting it is left with the Governor of New 
York to fix it and he has orders to give you early notice of it. 

We are, Sir, your very loving friends and humble servants 
Benning Wentworth, Esq. Dunk Halifax, 

Gov r of New Hampshire. J. Grenville, 

Indorsed — "Copy of a letter to Dupplin. 

. Gov 1 ' Wentworth, from Lords 

of Trade, Sept. 18 th , 1753. 

Submitted 2 d Jan. 7, 1754." attest. — Matthew Livermore, CI 



Extract of a letter from the Lords Commissioners of Trade & 

Plantations. 
[Copied from MS. Corr. Vol. II, p. 93.] 
"As we find it has been usual upon former occasions when an Interview 
has been held with the Indians, for the other neighboring Governm ts in 
alliance with them to send Commissioners to be joined with those of New 
York, and as the present wavering Disposition of the Indiaus equally ef- 
fect the other Provinces, we have wrote to the Governors of Virginia, 
Pennsylvania, Maryland, New Hampshire, Massachusetts Bay and New 
Jersey desiring them to represent to their respective Assemblies the util- 
ity & necessity of this measure, and to urge them to make proper provis- 
ion for it, & therefore it will be necessary that when you have settled the 
time and place of meeting, you should give them early notice of it, and 
this leads us to recommend one thing more to your attention, and that is 
to take care that all the Provinces be (if practicable) comprised in one 
general Treaty to be made in his Majesty's name, it appearing to us that 
the practice of each Province making a seperate Treaty for itself, in its 
own name is very improper and may be attended with great inconven- 
ience to his Majesty's service." 

A copy of an Extract of a letter layd before the House Jan>' 2 d 1754 by 
y e Gov*'. 

Attest Matthew Livermore, Clerk of the House of Representatives. 



[Copied from MS. Gov 13 Message, p. 11'.).] 

Hinsdale, Nov. 2G ;h 1753. 
May it please your Exceltf 

In obedience to your Excels commands enjoyning me upon any thing 
Remarkable occurring in this part of your Excellency's Province to give 
notice thereof by the first opportunity : 



123G PROVINCE OF NEW-HAMPSHIRE. [1753. 

These inform y 1 last week Two Indians of the Fransoway tribe came 
into No. 1. alias Charlestown, one of them a Cape Cod Indian taken out 
of Capt. Gorham's company at Annapolis last war now incorporated with 
the St. Fransoways : — The other a lad who speaks good English, being- 
kept in the Massachusetts Province last War, and upon y e Peace Re- 
turned home. 

Upon Capt. Stevens enquiring of them after two Indians vis. Is-battis 
alias Sabbaday & Prun-so-way alias Teransoway, who went Eastward 
from Charles 'Town in their Hunt last Spring & have not returned ac- 
cording to appointment. 

They answer— These Indians arc supposed dead, for they hear from 
Indians by the way of Albany. \ rt they went into y e English settlements — 
That the English gave them Rum with poison which destroyed them — 
That it was said among themselves, it may be the English kill'd them, be- 
cause one of them stole a Negro from them. 

However, they say, Ten smart fellows fixed out and were coming down 
to Revenge their death, but were stay'd by y e old men, who said It may 
be these reports are not true many times such stories prove false, & if 
they should prove so, you would do what you will be sorry for. It is best 
you stay your hand for the year; go to your hunting &, visit all the trad- 
ing-houses East & West in y* country, where you may find the certainty 
of the matter. 

They inform that there are four sachems or chiefs in the St. Fransoway j 
tribe, whose names as follows viz. 

1. An-won-uoo-co. 

:!. Nun-nau-wa-so 

3. Toh-qua-so-mit. 

4. Pau^per-wa-so-mit. 

That y e last mentiond whose name signifie the smallest-overseer or In- 
spector is up Connecticut river Hunting & purposes to come down to 
Charles Town with ten others Next Christinas or when the Travailing is 
good on the Ice in Connecticut River. 

They inform that the large armament of French and Indians who last 
went against the Tweetwa Indians are returned home, have made peace 
-with the Tweetwas & clone some spoil on the Flat-head-', have brought 
home between 20 & 30 captives & Expect intirely to Extirpate that Nation. 

Further that the New Govcrnour of Canada is arrived, that he is very 
earnest to build a Trading house on the hither end of the Lake called 
Main-pow-ba-gag (1) which is about half way between Connecticut River 
(above Coo-os) & St. Fransoway. 

That y c French & Indians have held a consultation on this affair almost 
all last, Summer, the Indians who claim the land arc loth to consent to it. 
Inasmuch as they think it will spoil their hunting ground, That they have 
not as yet determined to build it. 

Lastly they say as the Drought & Scarcity last year was very great 
when Capt. Stevens was in Canada, so this year altho there lias been con- 
siderable Rain, yet the land produces such a Trifle that there is very great 
scarcity of all sorts of Provisions. 

The above is humbly submitted by your Excellencys most dutifull & 
obedient serv*. 

Ebenez. Hinsdale. 
Gov 1 ". Wentworth. 

A copy of a Letter Laid before the House January 2, 17r>4 by the Gov- 
ern our. 

Attest. Matthew Livermore, 

• Clerk of the House of Representatives. 

(1) Memphrematjog ? 



1754.] JOURNAL OF THE HOUSE. 237 

[p. 375.] The Secretary came into the house and adjourad the 
General Assembly till tomorrow morning ten of the clock. 

Thursday Jan- V 3 d 1754. 

The House met according to adjournment. And Mr. Speaker 
Weare being absent the House made choice of Mr. Eleazer Rus- 
sell, Esq. for their Speaker pro Tempore, who was thereupon con- 
ducted by three of the members to the chair. 

Voted That the Clerk of this House take copys of the Papers 
Delivered by the Secretary with the Copy of his Excellency's 
Speech and attest them that they may be kept with the files of this 
Plouse. 

The House adjourn'd till 3 of the clock in the afternoon by or- 
der of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That Daniel Pierce, Esq. be and hereby is appointed Re- 
corder oi Deeds and conveyances of lands for this Province for 
the space of one year from the fourth day of January 1754 and 
untill the third day of the next setting of the General Assembly 
after the Expiration of the s d Term, and that he shall not be qual • 
ifyed to act as Recorder afores (1 untill he has given Bond with 
sufficient suret} 7 s Jointly &; severally in the sum of Ten thousand 
[p. 376.] Pounds unto the Honourable Meshech Weare, Esq. 
Speaker of the House of Representatives and taken an oath for 
the faithfull discharge of the s d office, and that the fee for Record- 
ing shall be nine pence a page, each page to consist of twenty 
eight lines, eight words in a line, and three pence for attesting 
such Record, and its being compared with the original and the 
same for a copy from the Record and the attestation thereof of 
its being compared with the Book, and that Rich d Wibird, Esq. 
Daniel Warner, Esq. Eleazer Russell, Esq. Mr. Henry Sher- 
bnrne Jun r & Mr. John Knight be a Committee and that 
they or the major part of them take the Books and papers 
belonging unto the s d office of Recorder into their custody in 
case of the Death or incapacity of the s d Recorder or the Expira- 
tion of the Term above mentioned, and them safely keep untill 
further order of the General Assembly ; and it is further Voted, 
That the said Committee or the major part of them take a list of 
all the Books & papers now belonging unto the s d office & a Re- 
ceipt for the same from the said Recorder & that they be under 
oath for the faithfull discharge of their trust, and that a Duplicate 
of s d Receipt be lodged in the Secretary's office. Sent up y e fourth 
by Dea. Philbrick. [Concurred and assented to.] 

[p. 377.] The House adjourn'd till tomorrow morning nine 
o'clock by order of the Speaker. 



238 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Fry day Jan* 4 th 1754. 

Met according to adjournment. The House adjourn d till three 
of the clock in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary bro't into the House the Petition of Mr. Jona- 
than Swett. The Petition of Mr. Jonathan Longfellow continued 
for a hearing till Wednesday next, if the Gen 1 Assembly be then 
sitting, and if not then sitting, untill the third day of the sitting 
of the Gen 1 Assembly afterwards. 

The Petition of Jon' 1 Lovewell &c. continued as the Petition of 
Mr. Swett, 

Upon Heading the Petition of Benjamin Gilman and others, 
Voted That the Petitioners have liberty to bring in a Bill to Ena- 
ble a Committee to divide the Lands and Premises Refer'd unto 
in the said Petition into a number of Equal Shares to and among 
the Partys interested and Draw Lots for the Same and make a 
Plan thereof, and lodge the same in the office of the Register of 
[p. 378.] the Court of Probate for said Province, & that Lieut. 
Rob t Light, Lieut John Gilman, and Mr. Jonathan Gilman, jun. 
be a Committee they or the major part of them to do the said 
Business, and that if need be they have convenient highways, and 
that the charge of Division be paid by the partys interested. 

The House adjourn'd till tomorrow morning 9 of the clock, by 
order of the Speaker. 



Noti;. — The next eleven pages of the Journal of the House, contain 
Kcjorcl-tables of "the attendance of members of the General Assembly 
begun September 10 th 1752, at Portsmouth in New HamprV 

The names of the members are as follows.— Ed. 

Hampton Falls, Hon ble Meshech Weare Esq. 

Portsm . Matthew Livermore, 

" H. Sherburn, 

'.« Eleazer Russell, Esq. 

Dover Tho* Millet, Esq. 

" Maj. Tho s Davis, 

Capt. Jn°. Wentworth, 3 d . 

Hampton Richard Waldron, Esq. (1) 

" Jon* Tuck 

" Dea. Joseph 

Exeter Peter Gilman, i}sq, 

« Zebulon Giddintr. 



(0 



Richard Waldron resigned, & Joua. Tuck took his place Feb. 14, 1753.— Ed. 



1754.] JOUKNAL OF THE HOUSE. 239 

Esq. 



New Castle &} 

Rye } 


Tho s Bell, Esq. 


R. Jenness Esq. 


Kingston, 


Jedediah Philbrick, E 


Newington 


John Knight, jun. 


Stratham 


Corn. Thos. Wiggin 


Londonderry 


Jno. McMurphy, Esq 


Durham 


Joseph Thomas 


Greenland 


Clem 1 March, Esq. 


New Market 


Capt. Israel Gilman 


Southampton 


Jno. Page, Esq. 


Plaistow & Hampstead Thomas Hale 


Salem & Plaistow 


Henry Sanders 


Dunstable & Merrimack 


Jon a Lovewell. 



[p. 393.] Saturday January 5 th 1754. 

The House met according to adjournment. Upon Reading the 
Petition of Jonathan Swett, Voted That the Petitioner be heard 
on his Petition on Thursday the 17 Ul Instant, if the Gen 1 Assem- 
bly be then sitting, and if not, then on the third day of the sit- 
ting of the General Assembly next after, and that the Petitioner 
serve the adverse Party Avith a copy of the said Petition and of 
the orders thereon (at his own cost.) to shew cause, if any they 
have, why the Prayer of the Petition should not be granted. 

The Petition of Benjamin Gilman &c. and of Mr. Jonathan 
Swett with the votes thereon sent up by Deacon Tuck. 

Voted That Mr. Speaker Weare, Mr. Henry Sherburn jun r . and 
Matthew Livermore be a Committee of this House to draw an an- 
swer to his Excellency's Speech & present the same to the House 
as soon as may be for their approbation 

The Secretary bro't into the House the Petition of Mr. Richard 
Hazzen. 

Upon reading the Petition of Mr. Hazzen, Voted That the Pe- 
tion r be heard on s d Petition on the 22 d day of January Inst, if the 

General Assembly be then sitting, and if not, then on the 

day of the sitting of the General Assembly next after, and that 
the Petitioner at his own cost serve the adverse party with a 
[p. 394.] copy of s d Petition and of the order thereon to shew 
cause if any they have why the Prayer of the Petition should not 
be granted. Sent up by Mr. Hale. 

The House adjourn'd till three of the clock afternoon by order 
of the Speaker. 

Post Meridiem. 

The House adjourn'd till tomorrow morning nine of the clock 
by order of the Speaker. 



2^0 



PROVINCE OF NEW-HAMPSHIRE. [1754 



Tuesday January 8 th 1754. 

The House met according to adjournment. Voted, That Mr. 
Speaker Weare & Matthew Livermore be a Committee of this 
House to join such as shall be appointed by the Hon ble Council to 
consider of that part of his Excellency's Speech relating to a new 
Body of Laws and what is Necessary to be done Relative thereto 
& make Report thereof to the General Assembly as soon as may 
be. Sent up by Esq. Macmurphy. [Concurred.] 

Voted, That the account of . Mr. Hunking Wentworth, amount- 
ing to £3:10:3 New Tenor be allowed. Sent up by Mr. Sanders 
Mai*. 4 th 1754. 

Voted That Clement March, Esq. be a Committee of this House 
to join with such as shall be appointed by the Council to consider 
what is necessary to be done Relating to that part of his Excellen- 
cy's speech concerning an Interview with the Six Nations & make 
Report immediately. Sent up by Mr. Thomas. [Concurred.] 

The House adjournal till 3 of the clock in the afternoon by or- 
der of the Speaker. 

[p. 395.] Post Meridiem. 

Met according to adjournment. 

The Secretary brought into the House the Petition of Abraham 
Perkins. 

The Vote relating to the Interview with the Six Nations, sent 
up by Mr. Thomas. 

Voted That his Excellency be desired to order and Direct some 
proper Person or Persons to make Inquiry about the two missing 
Indians refer'd to in the letter from Col. Hinsdall to his Excellency 
& make report thereof to his Excellency as soon as may be. Sent 
up the 9 th by Mr. Knight. [Concurred.] 

Upon Reading the Petition of Abraham Perkins, 

Voted, That he be & hereby is allowed to keep a Tavern in Ep- 
ping in s (l Province untill the General Sessions of the Peace in 
September next & that in order to Qualify him therefor he Recog- 
nise for his good behavior as a Tavern keeper before Daniel Pierce, 
Esq. one of his Majesty's Justices of the Peace for said Province, 
which Recognizance the said Justice is hereby Directed to lodge 
with the Clerk of the General Sessions of the Peace for s d Prov- 
ince. Sent up the 9 th by Mr. Knight. [Concurred.] 

Voted That John MaeMurphy Esq. be a Committee of this 
House to join with such as shall be appointed by the Council to 
wait upon the Treasurer <fc enquire of him what moneys he has 
Received of the Collectors of Excise appointed by the last Excise 
Act iSu make Report thereof to the General Assembly immediate- 
ly. Sent up the 9 th by Mr. Knight. 

Whereas one William Randall now residing at Portsmouth in 
the Province of New Hampshire, mariner, on the 8 th day of Jan- 
uary 1754 at Portsm in s d Province did in the Pace of the House 



1751.] JOURNAL OF THE HOUSE. 241 

of Representatives for s d Province Damn the General Assembly 
meaning the General Assembly of said Province & thereby is Guil- 
[p. 396. J ty of a great misdemeanor, therefore Voted, That the s d 
William be committed to his Majesty's Goal in Portsmouth in s d 
Province untill further order of the House of Representatives or 
until he shall thence be delivered by due course of Law. Mitti- 
mus Issued by the Speaker according to vote. 

The House adjournd till tomorrow morning at 9 of the clock. 



Wednesday January the 9 th 1754. 

Met according to adjournment. 

William Randall who was yesterday committed for offering an 
affront to the house being bro't into the House acknowledged that 
he was out of the way in behaving towards the house in the man- 
ner that he did, and said he was sorry for it & said lie would do 
so no more & asked the forgiveness of the house for the affront 
to them by him given : It is Ordered that the said William upon 
his knees in the face of the House ask pardon for the said affront 
and pay the Fees of the Constable, Prison fees and Door keepers 
fees and stand committed till performed & it is further Ordered 
That he be Reprimanded by the Speaker Pro Tempore of this 
House. 

The Secretary bro't into the House the Petition of Ebenezer 
Spaldin & others (a) 

(a) "Praying- to be excused from paying Taxes to Londonderry & be 
ordered to Pay to Nottingham West." Jour. C. & Ass. Jan. 9, 1751. 

Upon Reading the Petition of Ebenezer Spaldin & others, Vot- 
ed that the Petitioners be Heard on the said Petition on the third 
clay of the sitting of the General Assembly next after the 1 st day 
of March next, <fc that the Petitioners at their own cost serve the 
Select men of London Deny with a copy of s (l Petition & of the 
order thereon, That they may shew cause if any they have why 
the Prayer of the Petition should not be granted. Sent up by 
Mr. Knight. 

The House adjourn'd for ten minutes. 

Met according to adjournment. 

[r. 397.] The house adjourn'd till 3 of the clock in the after- 
noon. 

Post Meridiem. 

Met according to adjournment. 

The consideration of the petition of Joseph Blanchard Esq. & 
Mr. Jonathan Lovell defer 'd till Wednesday next. 

An Act for Dividing a certain part of the Estate of Samuel 
ifj 



L 



2(42 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Thing Esq. late of Exeter in the Province of New Hampshire, 
having been Read three times, Voted That it pass to be Enacted. 
Sent up by Capt. Wentworth and Deacon Tuck. 

Voted, That there be paid unto the Recorder of Deeds for this 
Province over and above what is allowed him by the last vote for 
the appointment of a Recorder the sum of three pence for every 
attestation & three pence every Page. Sent up the 10 by Mr. 
Knight. 

John Macmurphy Esq. Desires his protest may be Entered 
against the above Vote & every part thereof which is accordingly 
done. 

Voted That Richard Jenness Esq. & Mr. John Knight be a 
Committee of this House to join with such as shall be appointed 
by the Honourable Council to farm out the Excise upon Liquors 
within this Province to the Highest Bidder for the space of one 
year from the first day of January 1754 inclusively. Sent up the 
1 by Mr. Knight. [Concurred.] 

The House adjournd till 9 of the clock tomorrow morning. 



Thursday January 10 1754. 

Met according to adjournment. 

A question being moved upon that Paragraph of the Act for 
granting unto his Majesty an Excise on several Liquors made in 
the fifth year of his Majesty's Reign, concerning persons selling in 
lesser Quantitys than Twenty -five Gallons to be delivered at one 
j ;•. 398.] time without License, to wit, Whether an appeal Lay from 
a sentence given by a Justice of the Peace against a Respondent to 
the Court of General Sessions of the Peace: Resolved in the affirma- 
tive, That an Appeal does lay in such case and that the said Act is 
no to be understood & Practised upon, any usage or custom to the 
contrary notwithstanding. 

Sent up by Mr. Tuck. [Concurred.] 

Alexander Macmurphy one of the Selectmen of Derry-field came 
into the House & desired they would Revive the consideration of 
a certain Petition now lying at the Council Board not finished 
heretofore, put into the General Assembly by the Select men of 
Derryfield concerning an Highway near Ammoskeg falls. 

The House adjourn'd till three of the clock in y e afternoon. 

Post Meridiem 

Met according to adjournment 

The House adjourned till tomorrow morning 9 of the clock. 



1754.] JOURNAL OP THE HOUSE. 243 

. Fry day, Jan 7 11 1754. 

Met according to adjournment. The Secretary brought into 
the Plouse the Petition of Luke Mills & others. Also the Petition 
of Mark Hunking Wentworth Esq. and others, Executors. 

Daniel Warner, Esq. brought into the house the Petition of the 
Select men of Deny field & said there was nothing done upon it 
& that the Council thought what was done by the Sessions should 
stand, but if the house thought proper to send any other Commit- 
tee they would join. 

Voted That the said Petition of the Selectmen of Deny field be 
dismissed. 

The House adjourn'd till 3 of the clock in the afternoon. 

Post Meridiem. 
Met according to adjournment. 

Voted That the following be sent to his Excellency as an answer 
to his Excellency's speech made the second Instant, to wit : 

May it please your Excellency — 

[p. 399.] The House have taken under consideration your Excellency's 
Speech to them made & delivered the second day of Jan/ 1754, and are not 
insensible of the Difflcultys to each Branch of the General Assembly Oc- 
casioned by the want of a proper House for the General Assembly to sit 
in But as that matter has been under the consideration of a Committee, 
the Keport of whom the House has not had opportunity duly to weigh & 
consider, The House are determined as soon as possible with conveniency 
to take care there be such an house built. 

And as the compiling of a new body of Laws (which this House are of 
the opinion would be of vast Benefit & advantage to his Majesty's subjects 
of this Province) will be attended with great expense & take up much 
Time for the Effecting thereof the House have made choice of a Commit- 
tee to joyn such as & shall be appointed by the Council to consider of that 
matter & what is necessary to be done Relative thereto & make Keport 
thereof as soon as may be, which Keport when made shall have the due At- 
tention of this House. 

As to that part of your Excellency's Speech relating to the arms & mil- 
itary stores therein refered to, the House will take the same under consid- 
eration & act thereon agreeable to the best light they can get concerning 
that matter & do further assure your Excellency that we shall always be 
ready according to the utmost of our Power and Ability to do every thing 
for our own Safety & Defence & to Assist any other of his Majesty's 
Neigbouring Governments against the common Enemy as Necessity shall 
require. We are likewise sensible of the great advantage which will nat- 
urally Result to this Government as well as to his Majesty's other neigh- 
[p. 400.] bouring Governments from an Alliance with the Six Nations & 
shall not be wanting in doing every thing that may be thought reasonable 
for us to do for the Effecting & bringing about such an Alliance. 

The House have taken under consideration the letter from Colonel 
Hinsdall to your Excellency & have passed a vote Desiring & do hereby 
Desire your Excellency to appoint some proper person or Persons to 
make Inquiry concerning the two missing Indians, in the letter mentioned. 

We shall also take under consideration That part of your Excellency's 
Speech relating to that part of your Excellency's salary which accrued 
from the twenty-five thousand Pounds Loan & shall act thereon as we 
hope justly & Hon b 'y 



244 PROVINCE OF NEW-HAMPSHIRE. [1754. 

fn fine, we shall Endeavour to Dispatch every thing recommended in 
your Excellency's speech in such a way & manner as we trust, under Di- 
vine Providence, will tend to the present happiness of this Government & 
finally make us a great & flourishing Province. 

Province of ) 

Now Hamp r .j" In the House of Representatives Jan y ll l!l 1754. 
Voted that the above be sent to his Excellency as an answer to 
his Excellencys Speech made to the House, Jan- V the 2 d , 1754. 
The House adjourn'd till tomorrow morning ( .) of the clock. 



[p. 401.] Saturday Jan* 12, 1754. 

Met according to adjournment. Voted That Clement March, 
Jedediah Philbrick and John Page Esq. be a committee to wait 
upon his Excellency with the answer of Ins Excellency's Speech. 

The Secretary bro't into the house the Petition of Bow Select- 
men. 

Upon reading the Petition of the Selectmen of Bow, Voted 
That the Petitioners he heard on the s' 1 Petition on the thirty-first 
day of January Instant, if the General Assembly be then sitting, 
if not. then on the third day of the sitting of the General Assem- 
bly next after the first day of February next and that the Peti- 
tioners at their own cost serve Moses Levet Esq. Clerk of the 
Proprietors of Bow with a copy of s' 1 Petition & of the orders 
thereon that the s' 1 Proprietors of Bow, if they see cause may 
appear ami show cause if any they have why the Prayer of the 
Petition should not be granted. Sent up by Deacon Philbrick. 
[Concurred.] 

The House adjournd till Monday next 3 of the clock in the af- 
ternoon by order of the Speaker. 



Monday January the 14, 1754. 
Met according to adjournment. 
The House adjourn'd till tomorrow morning ten of the clock. 



Tuesday Jan- V 15 th 1754. 
Met according to adjournment. The" House adjournd till 3 of 
the clock in the afternoon. 

Post Meridiem. 
Met according to adjournment. The House adjournd till to- 
morrow morn 8 9 of the clock 



1754.] JOURNAL OF THE HOUSE. 245 

Wednesday Jan 3 ' 16 th 1754. 

Met according to adjournment. 

The Secretary came into the House & made a motion relating 
[p. 402.] to the counter part of the Mortgages lying in the hands 
of the Recorder & said that many of the Borrowers refused to pay 
their Interest & Principal except they could have them delivered 
up & that he expects they would protest against the Committee & 
that the House would take it under consideration & do something 
thereon. 

The Petition of Mr. Love well &c. put off for a hearing till 
Wednesday next. 

The House adjournd for ten minutes. 

Met according to adjournment. The House adjourned till 3 of 
the clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. The Act for reviving the Tem- 
porary Probate act being read a third time, Voted That it pass to 
be enacted. Sent up by Capt. G-ilman. 

Voted That Mr. Speaker Weare be and hereby is appointed a 
Commissioner on the part of this house to be joined with such 
person as shall be appointed by the Hon 1)lc Council to Represent 
this Province at the intended Interview with the six Nations of 
Indians to act in conjunction with the Commissioners of his Maj- 
esty's other (jrovernments at the s d Interview. (a) 

And that the s d Commissioners be allowed the sum of fifty shil- 
lings new Tenor each for each day they shall be upon the afore- 
said business and service, the same to be in lull for ail cost & 
charge of this Province to the s d Commissioners for the service 
afores d . And that the said Commissioners draw out of the Treas- 
ury the sum of one hundred & twenty five pounds new Tenor be 
fore their setting out upon the said Business. Sent up by Capt. 
Gilman. 

(a) Jour. C. & Ass. Jj.ua. 26. 1754. The Sec v was sent by the Council 
to the House with the vote of the house appointing Commissioners to 
attend the interview with the six Nations, recommending some alterations 
in the said vote. 

The House adjourn d till tomorrow morning 9 of the clock. 



[p. 403.] Thursday, January 17, 1754. 

Met according to adjournment. 

Whereas the Secretary came into the house on the sixteenth. 
Instant & made a motion relating to the counter part of the Mort- 
gages lying in the hands of the Recorder and said that many of 
the Borrowers refused to pay their Interest and Principal except 



246 FKOVINCE OF NEW-HAMPSHIRE. [1754. 

they could have them delivered up, Wherefore Voted, That when 
any person shall pay the full of the Principal and Interest upon 
any Mortgages made unto the Trustees for letting out the twenty- 
five thousand Pounds Loan that there be an Indorsement thereof 
made on the Back of the Counter part that lyeth with the Recor- 
der <fc that there be an Endorsement made of the payment of the 
principal & Interest, on the Counter part of all such Mortgages as 
are already paid and taken Tip by the Mortgagers — The House not 
thinking it proper that the counter parts should be delivered up as 
they were put into the Recorder's office by the act for Emitting 
the sum of Twenty-five Thousand Pounds Loan. Sent up by Mr. 
Hale. [Concurred.] 

Voted that there be paid unto Mr. Timothy Clements the sum 
of Twenty pounds new Tenor out of that part of the Interest of 
the twenty five thousand pounds Loan appropriated for cutting 
Roads, imploying proper persons to search out and take Plans, 
in full for his surveying and taking a Plan of Winnepissiokee Pond. 
Sent up 18 th by Mr. Hale. [Concurred.] 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according to adjournment. The House adjourn'd till to- 
morrow morning of the clock. 



[p. 404.] Friday, Jan-' the J 8, 1754. 

Met according to adjournment. 

Upon reading the Petition of Jonathan Swett Voted that the 
Petitioner have liberty to bring in a Bill to enable the Supe r Court 
of Judicature of this Province to proceed upon the writ of Review 
abated & Referred to in the s d Petition, the abatement thereof not- 
withstanding, and to stay the Proceedings upon any action depend- 
ing upon the Judgm' Review'd, until! the tryal upon the Review 
is over. Sent up by Mr. Hale. 

The House adjourn'd for 3-4 of an hour. 

Met according to adjournment. Jedediah Philbrick, Esq. pursu- 
ant to a vote of this House pass'd y e 9 th of May L753, bro't into this 
House the Recorder's Bonds, viz. for the year 171'). 174G & 1747, 
and also a, Key which lie rec'd of the Executors of the Testament 
of the IIon l ' : " Eben r Stevens, Esq. dec'd, and delivered the same 
unto .Mi-. Speaker Weare in the House. 

The House adjournd for the space of live minutes by order of 
the Speaker. 

.Met according to adjournment. 

The acl for the better Repairing of High ways <fcc. having 
been read three times. Voted, That it pass to be enacted. Sent up 
by .Messrs Maomurphy and Thomas. 

The House adjourned till 3 of the clock in the afternoon. 



1754.] JOURNAL OF THE HOUSE. 247 

Post Meridiem. 

Met according to adjournment, Capt. Wibird bro't into tfce 
House from the Council the Petition of a Committee of Summers- 
worth, also of the Inhabitants of the westerly part of Dover. 

An act to enable Proprietors of common and undivided Lands 
&c. being read three times Voted That it pass to be enacted. 
Sent up by Esq r Page and Deacon Philbrick. 

[p. 40,5.] Upon reading the Petition of sundry of the westerly 
part of Dover, Voted That the Petitioners be heard on the s d Pe- 
tition on Wednesday the thirteenth day of February next, if the 
General Assembly be then sitting, and if not, then on the third 
day of the sitting of the Gen 1 . Assembly next after, and that the 
Petitioners at their own cost serve the Selectmen of Dover in s d 
Province with a copy of this Petition and of the orders thereon 
that they may appear and shew cause, if any they have, why the 
Prayer of the Petition should not be granted. Sent up, 19, by 
Mr. Knight. 

Upon reading the Petition of the Committee of Snmmerswortli 
(a) Voted, That the Petitioners be heard on the said Petition upon 

(a) "Pray iug to be made into a Town." Jour. C. & Ass. 

Wednesday the thirteenth day of February next, if the Gen 1 As- 
sembly be then sitting, and if not, then on the third day of the 
sitting of the Gen 1 Assembly next after, and that the Petitioners 
at their own cost serve the Selectmen of Dover in s d Province 
with a copy of the s d Petition and of the orders thereon, that they 
may appear and shew cause if any they have why the Prayer of 
the Petition should not be granted. Sent up by Mr. Knight. 

Daniel Pierce, Esq. came into the House and gave Bond for 
duly executing the Business of Recorder and was sworn unto the 
faithful Discharge thereof by Meshech Weare Esq. in the House 
of Representatives and the Speaker took the Bond. 

The House adjournal till tomorrow morning 9 of the clock. 



Saturday Jan y 19 th 1754. 

Met according to adjournment 

The two Petitions above mentioned sent up by Mr. Knight. 

[p. 406.] Voted That the following (named) members of the 
House of Representatives be allowed in their next Certificate, 
for their Travil and attendance between the Prorogation of the 
Gen 1 Assembly on y c 26 th of July 1753, and the second day oi 
January 1754, viz. The Hon We M. Weare Esq. one day, Matthew 
Li verm ore one day, Eleazer Russell, Esq. one day, Maj r Davis two 
days, Capt, Went worth two days, Coll. Gilman one day, Mr. Gxd- 
ding two days, Deacon Tuck one day, Deacon Philbrick one day, 
Tho s Bell, Esq. two days, Rich' 1 Jenness Esq. two days Jedediah 



248 PROVINCE OF NEW-HAMPSHIRE. 11751. 

Philbrick Esq. one days travil and attendance and one day's at- 
tendance, Mr. Thomas Wiggen one day, John MeMurphy Esq. one 
day Clem 1 March, Esq. two days, Mr. Joseph Thomas one day, 
Capt. Israel Gilman three days, John Page Esq. two days, Thomas 
Hale one day. 

The House adjourn Yl till Monday next three of the clock after 
noon. 



Monday Jan* 21 8t 175,4. 

A number of the members met, but not the Speaker nor eno' to 
make a House. The Secretary came into the House and adjournd 
the Gen 1 Assembly till tomorrow morning nine of the clock. 



Tuesday Jan* 22 d 1754. 
[p. 407.] A number of the House met, but not the Speaker, 
nor enough to chuse one. The Secretary came into the House and 
adjournd the Gen 1 Assembly till three of the clock in the afternoon. 

Post Meridiem 

Met [and adjourned till Wednesday, January 23 d 1754, and 
again, till 3 o'clock, P. M.] 

Upon reading the Petition of Joseph Blanchard, Esq. and Mr. 
Jonathan Lovewell, it appearing that Notification had been given 
pursuant to vote and no person or Persons appearing to make ob- 
jection thereto and the Prayer of the Petition being reasonable, 
Voted, That the Petitioners have liberty to bring in a Bill accord- 
ingly. Sent up by Mr. Lovewell the 24 th . 

The House adjourned till tomorrow morning nine of the clock. 



[p. 408."] Thursday January 24 th 17o4. 

Met according to adjournment. The Secretary bro't into the 
House the Petition of Joseph Butler (a) 

(;i ) "Praying to bo sot oil* from Londonderry and Put on to Pelham." Jour, of C. & Ass. 

Voted That all the absent members be immediately sent tor to 
give 4 their attendance the first of next week and that the clerk 
give them notice thereof in writing as soon as conveniently may 
be. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. The House adjournd till to- 
morrow morning of the clock by order of the Speaker. 



1754.] JOURNAL OF THE HOUSE. 249 

Fryday Jau y 25 th 1754. 

Met according to adjournment. Voted That there be allowed 
and paid out of the money in the Treasury unto Ephraim Lock 
the sum of three Pounds one shilling new Tenor for his service as 
a soldier one month and three days at Barrington in the Province 
of New. Hampshire under Capt. Job Clements in the summer of 
year 1749. Sent' up by Mr. Knight. [Concurred.] 

The House adjourned for the space of ten minutes. 

Met according to adjournment. 

[p. 409.] Voted That there be allowed and paid unto Edmund 
Brown out of the Interest of the twenty-five thousand Pounds 
Loan appropriated for the Repairs of the Prison, the sum of seven 
pounds five shillings new Tenor in full for his accompt for work 
and Repairs on the Prison dated Jan y 24 th 1754. Sent up by 
Messrs. Philbricks. [Concurred.] 

The 'House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The Lumber Act having been 
read three times, Voted, that it pass to be enacted. Sent up 26 th 
by Messrs Philbricks. Mr. Gadding, Mr. Jenness, Esq. Philbrick 
and Mr. Thomas desired their dissent might be entered against 
the passing of the afores d act. 

The House adjourned till tomorrow morning nine of the clock. 



Saturday January 26 th 1754. 

Met according to adjournment. The Small Pox act having 
been read three times, Voted That it pass to be enacted. Sent up 
by Messrs Philbricks. 

The Secretary bro't into the House the High way act and s d the 
[p. 410.] Council had passd it, but that the Gov 1- did not see thro' 
sundry paragraphs in it, but would pass it if it were for two 
years. 

He also bro't into the House the vote of this House for the 
appointment of Commissioners for the intended Interview witli 
the Six Nations and said the Council did not like it for that they 
tho't the Provision therein made was not a proj^er provision, nei- 
ther as the case might happen, would be sufficient for the charge 
and expenses the Commissioners might necessarily be at, and fur- 
ther that the Council did not like it as it confined the Commissioners 
to the number of two only, and it might happen that one of them 
might not be able to attend the business, and upon the whole 
they tho't if this Province send Commissioners that the charge 
should be a Provincial charge and the Treasurer authorized to 



250 PROVINCE OF NEW-HAMPSHIKE. [1754. 

supply them out of the Treasury with what might be needful. 

The House adjourned till three of the clock afternoon Monday 
next by order of the Speaker. 



Monday Jan v 28 th 1754, 
A number of the House met but not the Speaker nor sufficient 
to make a house. The Secretary came into the House and ad- 
journ'd the Gen 1 Assembly till tomorrow morning ten of the clock. 



[p. 411.] Tuesday January 29 th 1754. 

Met according to adjournment. The Highway Act sent up by 
Mr. MacMurphy with the alteration mentioned by the Secretary in 
his message Saturday last. 

Upon reading the Petition of Joseph Butler, Voted That the 
Petitioners be heard on the said Petition on the third day of the 
sitting of the Gen 1 Assembly next after the first day of March 
next, and that the Petitioner at his own cost serve the Selectmen 
of Londonderry with a copy of said Petition and orders thereon, 
and also the Selectmen of Pelham with a copy thereof, to appear 
and shew cause if any they have why the prayer of the Petition 
should not be granted. Sent up by Dea. Philbrick. 

The House adjournd for ten minutes. 

.Met according to adjournment. The House adjournd till three 
of the clock in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The Act for enabling Mr. Jon a 
Sweet to prosecute a suit of Review against .Mr. Joseph 3Iane? 
and wife being read a third time, Voted That it pass to be enacted- 
Sent up by Capt. Gilman. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



[p. 412.] Wednesday January 30 th 17.1!. 

Met according to adjournment. 

The Committee for telling the money in the Treasury to be 
burnt bro't into the House the sum oi one thousand one hundred 
and eighty two Pounds twelve shillings and six pence old Ten r 
Hills of Credit en this Province which was burnt to ashes in the 
face of the Gen 1 Assembly and the s' 1 Committee are discharged of 



1754.] JOURNAL OF THE HOUSE. 25! 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum 
of five hundred and six Pounds fifteen shillings old Ten 1 * which 
was burnt to ashes in the face of the Gen 1 Assembly and the s d 
Committee are discharg'd from s d sum. 

Voted, That Mr Speaker Weare be and hereby is appointed a? 
Commissioner on the part of this House to be joyned with such 
person as shall be appointed by the Hon blc the Council to represent 
this Province at the intended Interview with the Six Nations of 
Indians to act in conjunction with the Commissioners of his Majes- 
ty's other Governments, at the said Interview : And that the s' 1 
Commissioners be allow'd the sum of three Pounds new Ten r each 
for each day they shall be upon the afores d Business and service 
[p. 413.] for themselves and servants, horses and all other Expences 
except what extraordinary charges and- Expences they may be at- 
when at the Interview, to be at the charge of the Province And 
that the said Commissioners be and hereby are authorized and Ini 
powered to make such Present or Presents to the Indians afores d 
at the said Interview as they shall judge necessary and Expedient 
not exceeding two hundred and fifty pounds new Ten 1 ". And that 
the said Commissioners draw out of the Treasury not exceeding 
the sura of five hundred Pounds new Ten 1 * before their setting out 
upon the s d Business, and that the s d Commissioners render an ac- 
count of the Disbursements of the money they shall receive out of 
the Treasury for the afores d Business, and also lay before the Gen 1 
Assembly the whole account of their Proceedings relating to the 
said Interview. Sent up Feb y 1 st 1754, by Mr. Knight. 

The House adjourn'd till tomorrow morning nine of the clock by 
order of the Speaker. 



Thursday Jan* 31 st 17o4. 

Met according to adjournment. Matthew Livermore desires 
that his dissent may be entred against the vote past yesterday re- 
lating to the Interview intended with the Six Nations, and to as- 
[p. 414.] sign his Reasons for his dissent, which was allowed, — 
his Reasons are as follows : viz. First, That he is of opinion that 
there is not a sufficient number of Commissioners to be appointed 
by the said vote for the s d Business. 2 dly For that he thinks there 
is not proper provision made by s d vote to carry the matter there- 
in pr©posed to be done into execution. 

Voted. That his Excellency be and hereby is desired to direct 
the^ Treasurer to lay his accounts before the House in order for 
their Examination, "that they may be informed of the State of the 



Vol PROVINCE 01 NEW-HAMPSHIRE. [1754. 

"Treasury for their government and direction in making a proper 
and suitable provision for thesupply thereof for the discharging 
the public debts. Sent up by Mr. Knight. 

The House adjoum'd till three of the clock in the afternoon In- 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. The Act for taxing Dunstable 
lands read a third time and VotedThatit pass to be enacted. Sent 
up by Esq. Philbrick. [Concurred.] 

Whereas there is a Necessity of Revising the Laws of this 
Province and compiling a new Body thereof, which if done would 
be of great Benefit and advantage to the Province, Therefore vot- 
£p. 415.] ed that the Hon b,e Meshech Weare Esq. Coll. Peter Gil- 
man, Mr. Henry Sherburne jun. & Matthew Livermore be a Com- 
mittee of this House to joyn with two such persons as the Hon 
ourable the Council shall appoint to Revise and Compile a New 
Body of Laws for this Province and that William Parker Esq. be 
the clerk of said Committee. And that the said Committee from 
time to time lay such acts as they shall prepare (in consequence of 
this vote) before the General Assembly as the said Committee 
shall judge Expedient and as opportunity shall offer for the exam- 
ination of the General Assembly. And that the said Committee 
be supply'd with money out of the Treasury sufficient to purchase 
such things as shall be by them judged necessary to carry 
the said affair into Execution & also to defray their Expences and 
•the Expences of the Clerk, while upon the said Business. 

And that the said Committee and Clerk be paid for their time 
and trouble in Revising and Compiling the said Body of Laws by 
the Province, as shall hereafter be setled and determined by the 
General Assembly. Sent up by Esq. Philbrick. 

[p. 416.] The Committee for telling the money in the Treasu 
ry to be burnt bro't into the House the Sum of one Thous' 1 and 
ninety two Pounds two shillings and six pence old Ten 1 ' Bills of 
Credit of this Province which was burnt to ashes in the face of 
the Gen 1 Assembly, and they are discharged from s d sum. 

The House adjourn'd till tomorrow morning nine o'clock, by 
.order of the Speaker. 



Fry day February 1 st 1754. 

Met according to adjournment. 

The Vote relating to the appointment ol Commissioners tor the 
Interview intended with the Six Nations, sent up this day by Mr. 
Knight. 

The House adjourn'd till three of the clock in the afternoon by 
.order of the Speaker. 



1754.'] JOURNAL OF THE HOUSE. 253- 

Post Meridiem. 

Met according to adjournment. 

The Secretary came into the House and said there was a vessel 
coming into the Harbour last evening who saw a signal on Boon 
Island, which to them seemed to be a signal of Distress, That the 
Council had examined some of the Persons who saw the Signal 
suppos'd it to be a Signal of Persons in Distress. That the Coun- 
cil had talk'd with Mr. Sheaf and Capt. Bell about sending out a 
vessel to make Inquiry into the circumstances of the affair, But as 
the Gen 1 Assembly was sitting they tho't it proper to acquaint this 
[p. 417.] House of it that they might act thereon as they might 
judge proper. 

John Watson and Joshua Small came into the House, gave an 
account of what they observ'd relating to the above mentioned 
affair. 

Whereas John Watson and Joshua Small have this day Repre- 
sented to this House that last Evening about sun half an hour 
high they saw a signal upon Boon Island which they judged to be 
a signal of Distress : Therefore Voted That Thomas Bell, Esq. be 
and hereby is authorized and Impowered as soon as wind and 
weather will permit to dispatch away a proper vessel with a suit- 
ble number of hands and necessary Provisions, to make enquiry 
into the said affair and use their best Endeavors for the Relief of 
any Person or Persons that may be there in Distress at the charge 
of the Province, and that if need be, that he be and hereby is au- 
thorized & Impower'd to Impress a vessel and hands for that pur- 
pose. Sent up by Dr. March. [Concurred.] 

Whereas it is Represented to this House That the Rev d Mr. 
Timothy Walker is gone to Great Britain as an agent in behalf of 
a number of Persons of Rumford and Suncook (1) so called, who 
claim lands under the Government of the Massachusetts Bay 
[p. 418.] against others who claim lands under the Gov 1 * and Coun- 
cil of New Hamp 1 ' And whereas the said Timothy Walker may 
have Instructions from the Government of the Massachusetts Bay 
to manage the said affair, so as, may affect this Province as such, 
therefore Voted That the Committee already appointed to treat 
with John Thomlinson Esq. agent for this Province at the Court 
of Great Britain relating to the affairs of Fort Dummer, be and 
hereby are desired to write to the said agent to be upon his watch 
as to any thing of that sort that may happen and to write to the 
said Committee from time to time, if anything shall arise, where- 
by this Government may be affected and what may be necessary to 
be done by this Government in order to defend themselves in the' 
best manner they can. Sent up by Capt. Gilman. [Concurred & 
assented to.] 

The House adjournd till tomorrow morning nine of the clock 
by order of the Speaker. 

(1) See Bouton's History of Concord, pp. 213-218. 



254 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Saturday Feb* 2 d 1754. 

Met according to adjournment. 

Whereas there is some difficulty attending the method for se 
curing the money this Province has in England, and whereas It is 
probable some Person will soon go to Boston on the affair of Fort 
Duinmer, Therefore, Voted That the Person who shall go on the 
affair of Fort Dummer, advise with Mr. Prat and Mr. Gridly or 
fp. 410.] either of them (as he shall Judge most Expedient) and 
get their or either of their opinion what manner it is best to pro- 
ceed in to secure said money in England for the Benefit of this 
Province and that the Expences such person shall be at for the ad 
vice afores d be a Province charge. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Tuesday the 
nineteenth day of February Inst, ten of the clock in the forenoon 
and accordingly adjourned the same. 



Tuesday, Feb y 19 th 1754. 

A few of the members met, but not sufficient to make a house. 
The Secretary came into the house and said lie was directed by his 
Excellency to adjourn the Gen 1 Assembly till three of the clock in 
the afternoon ana accordingly adjourned the same. 

Met [and again adjourned] till tomorrow morning 10 o'clock. 



Wednesday Feb 7 20 th 1754. 

Met according to adjournment. 

Mr. Speaker Weare being absent the House proceeded to the 
choice of Peter Gilman, Esq. for Speaker pro Tempore. 

[p. 420.] The House adjourn'd till three of the clock in the 
afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Mr. Page sent to the Council to enquire if the Act for Reviving 
the temporary Probate Act, the Lumber Act, Small Pox Act, the 
Highway Act and the Proprietors Act, were concurred by the 
Council, and assented to by the Governor. 

The Secretary bro't into the House the Petition of David Gregg, 
John Kyle and others. 

Upon reading the Petition of David Gregg, John Kyle and oth- 
ers, Voted, That the Petitioners be heard upon the said Petition 
on the third day of the sitting of the Gen 1 Assembly next, after 
the first day of April next and that the Petitioners at their own 
cost serve the Selectmen of Windham with a copy of the s d Peti- 
tion and of the orders thereon, to shew cause if any they have, 
why the Prayer of the Petition should not be granted. 



1754.] JOURNAL OF THE HOUSE. 255 

Sent up by Mr. Knight. 

The House adjournal till tomorrow morning nine of the clock 
by order of the Speaker. 



Thursday Feb y 21, 1754. 

Met according to adjournment. 

Voted That the Secretary of this Province be and hereby is de- 
sired to procure authenticated Copy's of the Treatys with the In- 
dians called Dummer's Treatys, also a copy of the Treaty with 
them in the year 1749, 1752 & 1753, at the charge of this Pro- 
vince (1) and that the Treasurer of this Province supply him with 
money to procure the same. Sent up by Mr. Knight. 

Portsm N. Hamp 1 ' March 1, 1754. 
S r — I am ordered by vote of Assembly to Procure authenticated Copys 
of Sundry Treatys with the Indians, viz. That Comonly called Governor 
Dummer's, that made by the Massachusetts in the year 1752, & one Since 
in the year 1753. That of 1749 I have already. If you'l be kind enough 
to forward me the other Three attested & let me know your fees I shall 
remit it you with thanks. Our Superior Court sets on the 11 th Instant 
where these Copys will be wanting in a trial of two men supposed to be 
the murderers of Two Indians. I imagine that Prints attested will an- 
swer every end. Pray let me have them pr Post. 
I am, Sir, your most obedient 

Humble serv fc . 

Hon^e Josiah Willard. (Copy) 

[p. 421.] Mr. Knight carry d up to the Council the copy of the 
Virginia Act relating to the Compiling a new Body of Laws, 
sometime since sent to y e House by the Governor. 

Post Meridiem. 

Met according to adjournment. Voted That the hearing of the 
Petition of Summersworth against Dover be put off till to morrow 
morning nine of the clock. 

Voted That the hearing of the Petition of James Davis, John 
Tasker &c be put off till to morrow forenoon. 

The House adjourned till to morrow morning nice o'clock by 
order of the Speaker. 



Fryday Feb^ 22 d 1754. 

Met according to adjournment. 

The Secretary brought into the House Sundry Papers- — Mr. 
Light's acct. about taking Bo wen & Morrill, an acct. from Mr. 
Stoodley, — The Virginia Act and vote for compiling y e New Body 

(1) See Prov. Papers, Vol. IV. pp. 188-190, 251-253. Also Vol. V. pp, 127, 128, 131-133, 

—Ed, 



256 PHOVINCE OF NEW-HAMPSHIRE. [1764. 

of Laws and s' 1 the Gov' was of opinion it was best y c s d vote 
should be reduced to an act. lie also bro't the vote for Commis- 
sioners Arc for an Interview, ami s' 1 the Council found no fault 
with the sum mentioned for allowance, but they tho't the number 
of Commissioners not sufficient. 

Upon a hearing on y e Petition of Summersworth, Voted That 
the prayer of the Petition be granted and that the Petitioners have 
[p. 422.] liberty to bring in a Bill. [Concurred.] 

Upon hearing a Petition for a New Parish in Dover, Voted 
That Mr. Zebulon Gidding and John Macmurphy Esq 1 ", be a Com- 
mittee of this House to joyn such as shall be appointed by the 
Hon bIe Council to take a view of such part of Dover as may be 
necessary in order to Judge whether the Prayer of the Petition 
ought to be granted or not, and make Report thereof to the Gen ! 
Assembly as soon as may be and that the Petition" be at the cost 
and charge thereof. [Concurred.] 

One of the Selectmen of Bow bringing into the House their Pe- 
tition and suggesting that there had not been convenient opportu- 
nity to serve the clerk of the Proprietors of Bow with a copy of 
the Petition &c. & praying that y e Petitioners might have a fur- 
ther time appointed to be heard thereon 

Voted that there be a hearing y r on upon Fryday next, if y e 
Gen 1 Assembly be y" setting, if not then on y e 3 d day of the sitting 
of y c Gen 1 Assembly next after. 

The House adjournd till three of the clock in the afternoon by 
order of y e Speaker. 

Post Meridiem. 

The House met according to adjournment. The Speaker being 
absent and the Speaker Pro Tempore being also absent, Voted y* 
Clem 4 March Esq. be Speaker pro Tempore. 

The House adjourned for half an Hour by order of the Speaker. 

Met according to adjournment 

The Committee for telling the money in 1 lie Treasury to be burnt 
£p. 42'}.] bro't into the House the sum of Three hundred and seven- 
ty nine Pounds one shilling and six pence old Ten r Bills of Credit 
on this Province which was burnt to ashes in the face of the Gen 1 
Assembly and s' 1 Committee is discharged from s d sum. 

The House adjourn'd till to morrow morning nine o'clock by 
order of the Speaker. 



Saturday Feb y 23 d 1754 

Met according to adjournment. The House adjourned for the 
space of five minutes. Met according to adjournment. 

The Act for the more easy prosecuting writs of Ejectment 
passed to be Enacted, and sent up by Esq r Macmurphy and Dea. 
Tuck. 



1754.] JOURNAL OF THE HOUSE. 257 

The Committee for telling the money in y e Treasury to be burnt, 
bro't into the House the sum of fourteen hundred & three pounds 
ten shillings and three pence old Ten r Bills of Credit on this Prov- 
ince, which was burnt to ashes in the face of the Gen 1 Assembly & 
said Committee are discharged thereof. 

The House adjournd till three of the clock in the afternoon on 
Monday next by order of the Speaker. 



Monday Feb y 25 th 1754. 

Met according to adjournment. The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum of 
[p. 424.] Eleven hundred and thirty-seven Pounds three shillings 
and three pence old Ten r Bills of Credit on y e Province of New 
Hamp r which was burnt to ashes in the face of the Gen 1 Assembly, 
and they are discharged therefrom. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



Tuesday Feb y 26 th 1754. 

Met according to adjournm*. 

Mr. David Mitchell brought into the House his acct. for going 
to Boon Island amounting to the sum of fifty eight Pounds one 
shilling old Ten r and swore unto the truth of the articles therein 
charged in the House. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Speaker being absent and the last Speaker pro Tempore be- 
ing also absent, Peter Gilman Esq. chosen Speaker pro Tempore. 

Voted That the acct. of David Mitchell amounting to the sum of 
fifty eight Pounds one shilling old Ten r (for going to Boon Island) 
be allowed and paid out of the money y' is or shall be in the 
Treasury. Sent up by Mr. Hale. [Concurred.] 

The House adjournd till tomorrow morning nine o'clock by ord F 
of the Speaker. 



[p. 425.] Wednesday Feb. 27 th 1754. 

Met according to adjournment. 

The Act in addition to the Act for the appointment of Jurors 
having been read three times, Voted That it pass to be Enacted. 
Sent up by Deacon Philbrick & Esq. Philbrick. 

Whereas this House on y e ninth day of January 1754, Voted 

J7 



258 PROVINCE OF NEW-HAMPSHIRE. [_1754. 

that Richard Jenness Esq. and Mr. John Knight be a Committee 
of this House to joyn with such as should be appointed by the Hon ble 
the Council to farm out the Excise upon Liquors within this Prov- 
ince to the highest Bidder for the space of one year from the first 
day of January 1754, inclusively, which vote was sent up to the 
Honorable the Council, and as the House is informed a number of 
the Council added to said Committee of the House, and whereas 
the House is informed that his Excellency hath not assented unto 
said Vote, And inasmuch as the House is of opinion That the Ex- 
rise afores d will not be of so great Benefit and advantage to the 
Governm* if the farming out the same be post poned and put off, 
as if it was soon done, Besides the House think they cannot with 
Propriety make Provision for the supply of the Treasury untill it 
is known what and how much the s d Excise will farm out for, during 
the said Term of one year — Therefore Voted, That his Excellency 
[p. 426.] be requested and desired to give his assent unto the said 
Vote That the Excise afores d may be farm'd out as soon as possible. 
Sent by Esq. Philbrick & Mr. Knight. 

The Committee for telling the money in the Treasury to be burnt 
bro't into the House the sum of Two thousand two hundred & 
twenty-six Pounds and six pence old Ten r Bills of Credit on this 
Province, which was burnt to ashes in the face of the Gen 1 Assem- 
bly and the s d Committee are discharg'd from s d sum. 

The House adjourn d till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjourn in 1 . The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum 
of six hundred ninety two pounds eighteen shillings old Ten 1 ' Bills 
of Credit on y c Province of New Hamp r which was burnt to ashes 
in the face of the Gen 1 Assembly and they are discharg'd from s' 1 
sum. 

The Secretary bro't into the House a written message from his 
Excellency relating to the settling y e price of silver, &c 

Governor's Message. 

[Copied from MS. Gov 1 ' 8 Messages, Vol. II. p. 127.] 

Mr. Speaker & 
Gen 1 , of the Assembly 

Until the price of silver is settled, whereby the Treasurer may pay I 
that part of my salary due 12 :h Dccemb* last, the public accounts cannot 
be finished, the Com tcu appointed for that service having neglected it, it | 
will be necessary for the house to resolve at what price the Treasurer j 
shall pay it at, for his .Justification. 

When I met you in General Assembly, it was not my intention to have 
laid before you any other business than what I mentioned iu my Speech; i 
but as yon have thought fit to engage in business different from my in- 
teation, i must once more put you in mind, to provide a proper house & i 



1754.] JOUKNAL OF THE HOUSE. 259 

such other conveniencys as are necessary for my accommodation, for 
want of which, I have been at an Extraordinary Expense for twelve 
years past, the grants made by preceding Assemblys having fallen vastly 
short of what was absolutely necessary for me to expend. 
Council Chamber in *> B. Wentwokth. 

Portsmouth 26 of Feby 1754 > 

Whereas it is necessary that the act for the Better Repairing of 
highways &c. should be printed, Therefore voted That Eleazer 
Russell Esq. get the said act printed and that he get printed to 
the number of one hundred for the use of this Government and 
furnish the Governor with one, each of y e Council with one and 
[p. 427.] each of the members of the House of Representatives 
with one, and each Town and Parish within this Province, who 
choose surveyors of highways with one, and that he be allow'd 
and paid out of the Treasury the sum of Eight pounds fifteen 
shillings new Ten r for the same, and that the Secretary furnish 
him with a copy of said act. 

Sent up 28 th by Mr. Thomas. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Thursday Feb. 28 th 1754, 

Met according to adjournment, The Committee for lelling the 
money in the Treasury to be burnt bro't into the House the sum 
of Eleven hundred and ninety eight Pounds One shilling and 
three pence Old Ten r , which was burnt to ashes in the face of the 
Gen 1 Assembly and they are discharged from the Same. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment, The House taking under con 
sideration the vote last past relating to the intended Interview 
with the six Nations sent back by the Council — The House ad- 
here to their last vote, which was sent back by Mr. Lovewell. 

The Secretary came into the House and bro't into the House the 
vote of this House of y e 9 th of Jan y last relating to the selling the 
[p. 428.] Excise and said the Gov r observed that the s d vote took 
no notice of the Committee's taking Bonds of the person to whom 
it should be sold or of giving any notice of the time or place of 
sale, and that he tho't it better that there should be Districts made 
and Collectors in particular Districts than to have it farmed out in 
y e manner proposed by the afores d vote. 

Whereas by the act for the emitting the sum of twenty-five 
Thousand Pounds upon Loan There is Provision made by part of 
the Interest thereof, viz. The sum of two thousand Pounds for 
building a state House in the town of Portsmouth, which House 



-tiO PROVINCE OF NEW-HAMPSHIRE. [1754k 

is not yet built, and whereas it is necessary there be such an house 1 
built for the convenience of the sitting of the Gen 1 Assembly and 
the holding the several Courts in this Province, and whereas it is 
judged that the Parade, so called, by the North meeting-House in 
Portsmouth afores d is the most suitable and proper place to set the 
said House upon, Provided the Town of Portsmouth will consent 
thereunto, Therefore, Voted That it be set at s d place or adjoining 
thereto as the situation of the Place will best admit of. And that 
it be built of wood, agreeable to a plan returnd by the Committee 
appointed to look out for a suitable place to set said House upon 
[p. 429.] and prepare a plan, Except the cupola, and Mr. Henry 
Sherburne jun r and Eleaz r Russell Esq. be a Committee of this 
House to joyn with such as shall be appointed by the Hon ble the 
Council to let out the Building of s cl House to such person or per- 
sons as will build the same in the best manner, and at the cheap- 
est Kate not exceeding the said sum of Two Thousand Pounds 
And that if it be let out, To draw out of the Treasury the s d sum 
of Two Thousand Pounds for the use and Business afores d , or so 
much thereof as shall be necessary. And that they Render an ac- 
count of their Proceedings Relating to the said affair unto the 
Gen 1 Assembly from time to time as the circumstances of the case 
shall be. Sent up March y e 1 st by Capt. Wentworth. 

The House adjourn'd till tomorrow morning nine o'clock by 
order of y" Speaker. 



Fry day March l 8t 1754 

Met according to adjournment. 

The Lamp act having been three times read. Voted, That it 
pass to be enacted. Sent up by Mr. Wiggin and Mr. Tuck. 

Voted That Richard Jenness Esq. and Mr. John Knight be a 
Committee of this House to joyn with such as shall be appointed 
by y e Hon bI " the Council to farm out the Excise upon Liquors within 
this Province to the highest bidder for the space of one year from 
the first day of January 1754, Inclusively. And that s d Commit- 
tee give proper and suitable notice of the time and place of sale 
and also take Bonds with proper securities of the person to whom 
s <l Excise shall be farmed out, payable unto the Treasurer of s d 
Province for the time being in manner following, viz. The one 
[p. 430.] half of s d sum said Excise shall be sold for by the lirsfc 
day of July 1754. The one quarter part thereof by the first day 
of October, 17.54. And the other quarter part thereof by the first 
day of January 1755, for the use of this Government Sent up by 
Mr. Knight. 

Voted That Clement March Esq. & Mr. Henry Sherburn jun r 
be a Committee of this House to joyn with such as shall be ap- 
pointed by the IIon blc the Council to confer with the owner or 
owners of the Brick House in Portsmouth in the Province of 



1754.] J0U11NAL OF THE HOUSE- 2(31 

New Hamp r wherein his Excellency lately lived, and enquire 
whether they will put it into Tenantable Repair and upon what 
Rent or Rents yearly they wou'd be willing to lease it, and for 
how long time, and that they make Report unto the Gen 1 Assem 
bly Immediately of their .doings relating to the premises. 

Sent up by Mr. Hale. [Concurred.] 

The Committee for telling the money in the Treasury to be 
burnt Bro't into the House the sum .of eight hundred and seventy 
seven Pounds eleven shillings old Ten r Bills of Credit on this 
Province which was burnt to ashes in the face of the Gen 1 Assem- 
bly and they are discharged from s' 1 sum. 

The House adjournd till three o'clock afternoon by order of the 
Speaker. 

[p. 431.] Post Meridiem. 

Met according to .adjournment. 

Voted That for the future no member be allowed for his at 
tendance unless he answer the one part of the day k or be upon 
some business of the governm 1 or upon motion made to be allow'd 
to have his name enterd. 

The Committee for telling the money in the Treasury to be 
burnt bro't into the house the sum of eight hundred and ninety 
three Pounds eleven shillings and six pence old Ten r Bills of Cred- 
it on y° Province of New Hainp r which was burnt to ashes in y e 
face of the Gen 1 Assembly, and they are discharged from s d sum. 

The House adjournd till to morrow morning nine of the clock 
by order of the Speak r . 



Saturday March 2' 1 1754. 

The House met according to adjournment. The Secretary bro't 
into the House the Petition of Jeremiah Clough, Philip Call &c. 
Upon reading the Petition above mentioned, 

Voted That it be dismiss'd. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Tuesday the 26 tb 
day of March curr't at ten of the clock in the forenoon and accord- 
ingly in his Maj tys name adjournd the same. 



Tuesday March 2'6 th 175 1. 
A number of the House met but not sufficient to make a House, 
nor the Speaker. The Secretary came into the House and said he 
was directed by his Excellency to adjourn the Gen 1 Assembly till 
£p. 432.] three of the clock in the afternoon and accordingly ad- 
journed the same. 



202 PROVINCE OF NEW-HAMPSHIRE. [1754, 

Post Meridiem. 

The House met according to adjournment And Mr Speaker 
Weare being absent, Voted that Peter Gil man Esq. be Speaker pro 
Tempore, and accordingly he took the chair. 

1 me Secretary brought into the House a written message from 
his Excellency and left the same with the Speaker. 

Governor s Message. 

[Copied from MS. Gov'-' Messages, Vol. II. p. 12!).] 
Mr. Speaker & Gentlemen 
of the Assembly. 

The breaking down the doors of the Provincial Goal & setting at liberty 
two Criminals Indicted for murther, in the most insulting and insolent 
manner, is a matter so well known, &, the particular circumstances at- 
tending the tumultuous outrage of the people that committed the fact, are 
so clearly evident to the respective members of the Legislature, that ] 
need not take up any part of your time to inform you of the incidents at- 
tending it. But, Gentlemen, To shew your abhorauce and detestation of a 
crime so apparently destructive of government in general, so injurious to 
society, so dangerous to our Constitution, so heinously aggravated, & 
even committed contemptuously during the Session of his Ma.jestys Su- 
perior Court of Judicature, merits your immediate attention, & I do in 
the most pressing terms recommend the consideration of this insult on 
the authority of Government, which threatens nothing less than total sub- 
version of that Government his Majesty has been graciously pleased to 
Establish, as most worthy your first care, and to which all other public 
concerns must & ought to give place. Therefore, That the Honour, wel- 
fare, safety & peace of the Government may be preserved, as well as the 
guilt of blood removed from the Government, your assistance is required 
that the perpetrators favourers, advisers or those that have been in 
any ways aiding or assisting in committing this horrid crime may be 
brought to condign punishment, & such a Law Enacted as may prevent ca- 
lamitys of the like nature for the future, otherwise I shall not think my 
person safe in attending the King's business, & an end must be put to the 
administration of Government, until a representation can be laid before 
his Majesty for his further direction & commands herein. 
Council Chamber in Portsra , March 2G, 175L B. Wkntworth. 

[Correspondence, &c. relating to the abovesaid affair. — Ed.] 

[Copied from Pro v. Rec. Book I. pp. 2GG, 268, 271.] 

Boston, February 4, 1754. 
Siu— 

Your Excellency may remember my Letter to you dated 17 t!l of Septem- 
ber last, wherein I acquainted you with an account we had of a barbarous 
murther said to be committed within the Province of Neio Hampshire upon 
two Indians of a Tribe in amity with the English. " I was afraid it had then 
come to the knowledge of tlie Indians, and that complaint would have 
been made at the Conference, but no notice was taken of it then. I have 
this (h»y received a letter from Capt. Lithgow of Port Richmond advis- 
ing me that it is now come to their knowledge and that they are deter- 
mined, to revenge the murther. I shall send your Excellency copy of his 
letter so far as relates to this affair. It will probably be attended * * * 
consequence to the Frontiers of one or both of the Provinces, if this mur- 
ther be not detected and punished. I will send to Col. Minot who gave- 



1754.] JOURNAL OF THE HOUSE. 263 

me the first Information and desire him to obtain all further information 
possible and transmit it by the next Post, until when your Excellency has 
some knowledge of the Persons concerned so as to be able the secure 
them. I doubt not you will think it prudent to keep the affair as private 
as may be. 

I am with great respect, Sir, 
Your ExO s most Humb 1 and most obedient serv* 

W. Shirley. 
His Excellency Benning Wentworth, Esq. 



Affidavits. 

Thomas Barrett and Ephraim Jones both of lawful age testify and de- 
clare that in the month of August 1753 being in the Town of Rumford in 
the Province of New Hampshire at the house of Mr. Henry Lovejoy when 

Bowen who belonged to a Place called Contoocook above Rumford 

on Merrimack River & who was supposed to be guilty of killing two In- 
dians in June last — hapened to come to said House and Several Questions 
being asked him in our hearing concerning the same, and of his being 
guilty of the Fact and though he did not openly acknowledge the Facts, 
yet he gave reason to all persons to think by his answers and actions that 
he was not innocent Saying that if he did it, it was in his own Defence, 
and after his departure from us Mr. Lovejoy related to us the whole Trans- 
action as he had heard it declared or hinted by said Bowen and some others 
at several times before — many or most of which Facts he thought might 
be made to appear & which according to the best of our remembrance was 
of the following Import viz — That two Indians one named Sabbatas and 
the other Plausaway came to said Contoocook about the beginning of June & 
having the value of about two hundred Pounds Old Ten r in Beavers and 
other effects. The said Sabbatas being known to be one of the two In- 
dians who took two Negros at that Settlement the Year before & carried 
one of them to Canada the other making his Escape the said Bowen pro- 
cured a Gallon of Rum from Rumford and he with one or two others 
whose names we do not remember in Company with said Indians gave 
them Rum very freely, and took an opportunity to draw the charges out 
of the Indians without their knowledge, and then went with them into 
the woods, and getting them some distance apart said Bow T en had an en- 
gagement with s d " Sabbatas who it was said flashed his gun at him, &the s d 
Bowen Struck his Hatchet in s d Indians Head then ehoped him several times 
in the Back & afterwards with a knife Stabb'd him to Death — The other In- 
dian coming up to him begged of him that he would not kill him but s d Bow- 
en without speaking to him Struck him on the Head and kiled him on the 
spot, and leaving them by the Path Side till next morning it Avas said 
Bowen with his son as it is supposed went and dug a hole by the Path 
Side & then threw them into it and covered them with earth — but so shal- 
low that the dogs or other creatures uncovered them and their Bones have 
often been since seen. 

Thomas Barrett 
Ephraim Jones 
Middlesex ss. 
Concord Feb 9 th 1754. 

Then the above named Thomas Barrett & Ephraim Jones came before 
me the Subscriber and made Oath to the truth of the foregoing decleration 

James Minot Justice of the Peace 

Eleazer Melvin of lawful age testifieth & declared that he heard the sub- 
stance of the foregoing Decleration or to the same purport in August last 



204 PROVINCE OF NEW-HAMPSHIRE. [1754. 

from Mr. Lovcjoy and some others, and further deelares that about the 
same time in conversation with s d Bowen he asked him concerning thes d 
Indians wether they were certainly dead, and he answered he would war- 
rant it, and that they never would do any more mischief to the English or 
to that effect, and if lie killed them he did it in his own Defence as he 
could prove 

Eleazer Melvin 
Middlesex ss Concord Feb? 9 th 1754 

Then the above named Eleazer Melvin came before me the subseriber & 
made Oath to the Truth of the above named Decleration 

James Minot 

Justice of the Peace 



Juetter from Governor /Shirley. 

[Copied from Prov. Rec. Book I. p. 268.] 

Boston, February 9 th 1754. 
Sir.— 

I have now to acquaint your Excellency that upon receiving Intelli- 
gence that the French have built, or are building a Fort near Kennebeck 
River towards the Plead of it, I think proper to send an officer with a 
number of men from Richmond port to find out the Place where the Fort 
is built or building, and to require the Commander of it, in the name of 
his Majesty forthwith to draw off his people from the said Place, as 
lying within his Majesty's Territories. 

And as I expect they will meet with Indians in their march, who will 
challenge them with the murther I mentioned in my last letter to you, 
I must intreat your Excellency to give Captain William Lithgow by Let- 
ter to go by this Express (who is ordered to wait your command) advice 
what your Governm'- is doing in order that justice be done to the Indians 
hi this unhappy affair. 

I am with great Regard, Sir, 
Your Excellences most Humble and most Obedient Servant 

W. Shirley. 
His Excellency Govern 1, Wentwortli. 



Letter from Governor Shirley. 

[Copied from Prov. Rec. B. I. p. 271.] 

Boston, April 1. 1754. 
Sir, 

I am favour'd with two of your Excellency's Letters by the Post before 
this; and upon considering that part of your Excellency's Letter of the 
22 d of the last month, which relates to the riotous & violent Breaking open 
your Prison & carrying off the Prisoners indicted for the murther of the 
two St. Francois Indians, I would submit it to your Excellency's consid- 
eration, whether it would not be of service for your Governm* to grant a 
Present to some of the nearest Relations of the deceased Indians, for 
wiping off the Blood, as they term it: Which may possibly have a good 
effect, and in some measure soften the Resentments the whole tribe have 
of this great Injury; for the like method used by this Governm r after the 
murther of the Indians at Wiscasset, had success for preventing a War at 
that time : and further I apprehend it may be of some advantage for alle- 
viating the Wrong done the Indians, to set before them the Provocation 
given these men by the Indians carrying off two Negroes belonging to 



J 



1754.] JOURNAL OE THE HOUSE. 265 

them (& selling one of them at Crown Point) at a time when they 
were received kindly by the English, & they themselves made a shew of 
Friendship: Tho' this can by no means justify the barbarous act of 
murther; It might likewise be proper to put the Indians in mind of the 
murther committed by them upon the English men near Merrimack Iiiver, all 
which taken together is a full Reprisal of the wrong done them by the 
English : notwithstanding which, That it is your Excellency's full purpose 
upon the recovery of the Prisoners (for which you are using all proper 
means) that they shall be brought to a legal trial for the murther they 
stand charged with by the Indictment of j^our Grand Jury. 

I have more to say to your Exc^ but am obliged thro' a great hurry of 
business to postpone it, untill the next post, when I will have the honor 
of writing to you. 

I am with much regard, Sir 

Your Exc>' s most lmm bl and most ob t serv 1 . 

W. Shirley. 
His Excellency Penning Wcntworth, Esq. 



The Rescue. 

The Hon.* Chandler E. Potter, in the Farmer's Monthly Visitor Sept. 
1853, gives an extended relation of Christo, Sabatis and Plausawa — three 
Indians, of whom the two latter were murdered. To this account the 
curious reader is referred. Mr. Potter says of the persons suspected of 
the murder: Henry Bowen and Morrill, they were "arrested, in- 
dicted for the murder and put in jail at Portsmouth to await their trial. 
They were to have been tried on the 21st of March, 175-1. The night pre- 
vious to the day appointed for their trial, a party of men from Canter- 
bury, Contoocook and the neighboring towns, appeared in Portsmouth, 
broke open the jail, knocked the irons from Bowen and Morrill, and set 
them free. This outrage produced great excitement in the community — 
some endeavoring to discover and retake the murderers, and others fa- 
voring their escape. 

Both the murder and the rescue, however, were generally justified in 
the community. And, although rewards were offered by Governor Went- 
worth for the apprehension of Bowen and Morrill, yet in a short time 
they went openly about their business, without fear of molestation, and 
the men engaged in breaking the jail at Portsmouth, though well known, 
were never called to account, but on the contnuy, were considered as 
having performed a most meritorious act. In fact, some of the most 
substantial men in the country were engaged in the rescue, — by act or 
advice, — and the Government could not have made an arrest had they 
made the attempt. Presents were afterwards made to the relatives of 
these Indians bv the Government of New Hampshire, and thus the ' blood 
was wiped away' to the satisfaction of the Indians."— Ed. 



Voted, That the hearing upon the Petition of Eben r Spattlding, 
Isaac Page and others, and also of* Joseph Butler be put off till 
Thursday next. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of y e Speak 1 ".' 

Wednesday March 27 th 1754. 
Met according to adjournment. 
A verbal message sent to the Honourable the Council desiring 



WW PROVINCE OF NEW-HAMPSHIBE. [1754. 

that the Council and House might meet and have a conference 
relating to the late Riot committed by breaking up the Province 
Goal and rescuing the two Persons Imprisoned and Indicted for 
the murther of two Indians, and the written message sent to this 
House by his Excellency relating to the s d Riot also, sent to the 
Council by Col. Oilman and Matthew Livermore who return' d and 
said they had delivered the message. 

[p. 433.] Voted That there go out a Precept to Kingston to 
meet on Monday the Eighth day ot April next to make choice of 
some suitable person to represent the s (1 Town in Gen 1 Assembly 
in the stead and room of Jedediah Philbrick Esq. Deed, and that 
the Person who shall be elected appear in the Gen 1 Assembly on 
the ninth day of April next, if the Gen 1 Assembly be then sitting, 
and if not then sitting, then on the first day of their sitting after- 
wards. 

The Secretary came into the House and said the Council were 
willing and ready to confer with the House and to do any and 
every thing in their Power towards the discovery and detection 
of the Persons concerned in the late Riotous breaking open the 
Prison and Rescuing the Persons there imprisoned and Indicted 
for the murther of two Indians and to attend the s d Business, as 
soon as the House were ready. 

Whereupon the House Informed the Council y* they were ready 
— and the Secretary answered they would attend it either in the 
Council Chamber or in the House of Representatives (if the House 
would adjourn) whereupon the House adjournd — till three of the 
clock in the afternoon, by order of the Speaker. 

[p. 434.] Post Meridiem. 

Met according to adjournment. 

Memorandum — After the adjournment in the forenoon the Coun- 
cil and House met in the House of Representatives and had a 
Conference relating to the breaking open the Prison (a) t&c. 



(a) Jour. 0. &. Ass. March 27, 1754. The Council took under consid- 
eration the subject matter of his Excellencys message to the house of 
yesterday the same having been communicated to the Board by the House, 
and are of opinion That 'tis necessary to make the utmost scrutiny into that 
affair, and therefore Ordered that the Secretary forthwith Issue Sumons 
directed to the High Sheriff or his Deputy to sumon the several Innholders 
on the road between Chester & Portsm where a number of persons, who 
beingassembled in a tumultuous manner had the day proceeding the riotous 
Breaking up the Province Goal stoped and to any other Person or Per- 
sons that may be thought capable of giving any ace 1 of the Persons connec- 
ted in the before mentioned riot. 

A Precept Issued for the choice of a Representative for Kings- 
ton in the Room of Jedediah Philbrick Esq. deed. 

Voted That a summons Issue out from this House signed by 
the Speaker to summons sundry persons to appeal' before this- 
House as soon as may be. 



L 



1754.] JOURNAL OF THE HOUSE. 207 

A Summons accordingly Issued in pursuance of the afors d vote. 
The House adjourn'd till tomorrow morning nine o'clock by 
order of the Speaker. 



Thursday March 28 th 1754. 

Met according to -adjournment. 

The Petition of Nicholas Smith being bro't from the Council 
into the House, and it appearing that the Party (who are not mi- 
nors) interested in y e estate referr'd unto in the s d Petition have 
Liberty to bring in a Bill. Sent up by Coll. Gilman. 

The sum of £12: 11: 6, allow'd unto the legal Representative of 
John Boyd, dec d . for wages unde r Capt. John Goffe in y e year 1748, 
£0 : 11 : 5 for ammunition and to Capt. Goffe The sum of £8 : 0:0 
[p. 435.] for his Billeting: also the sum of £l : 15 : 4 unto John 
Hamlet for wages, and £0:1:8 for ammunition, and to Capt, 
Goffe £1:2:6 for his Billeting heretofore omitted in making up 
a muster Roll of the s d Capt. Goffe. Sent up by Mr. Macmurphy. 
[All concurred.] 

The House adjourn'd till three of the clock in y c afternoon. 

Post Meridiem. 

Met according to adjournment. Upon hearing Joseph Butler 
upon his Petition and the Selectmen of Londonderry, Voted, That 
the prayer of the Petition be granted and y* the Petitioner have 
liberty to bring in a Bill accordingly. [Concurred.] 

Voted That the Petition of Eben r Spaulding and others be dis- 
miss'd. 

The House adjournd till tomorrow morning Eight o'clock by 
order of y e Speaker. 



Fryday March 29 th 1754. 
Met according to adjournmen*. 

The House adjournd till three of the clock in the afternoon by 
order of y e Speaker. 

Post Meridiem. 
Met according to adjournm* [and] adjournd till to morrow morn- 
ing nine o'clock, by order of the Speaker. 



Saturday March 30 th 1754. 
Met according to adjournment. Thomas Packer, Esq. Sheriff 
bro't into the House an ace 1 , amounting to the sum of £37 new 
Ten r for sundry services done, which was order'd to lay for consid 
eration. 



2(38 PROVINCE OF NEW-HAMPSHIRE. [1754. 

The Secretary came into the House and said he was directed by 
[p. 436.] his Excellency to adjourn the Gen 1 Assembly till Tues- 
day the ninth day of April next nine of the clock in the forenoon 
and accordingly adjourn'd the same. 



April 9 th 1754— Tuesday. 
The House met according to adjournm 1 . The Secretary came 
into the House and adjourn'd the General Assembly to three of 
the Clock in the afternoon. 

Post Meridiem. 
Met according to adjourn in 1 . Voted that Eleazer Russell Esq. 
be Clerk pro Tempore. 

The House adjourn'd till to morrow morn s nine of the clock. 



April 10 th Wednesday— 1754. 

Met according to adjournment. Voted, that Mr. Zebulon Gid- 
ding and Mr. John Knight be a Committee of this House to joyn 
with such as shall be appointed by the Hon ble the Council to tell 
over the Principal of the Loan in the hands of the Trustees (for 
the twenty-five Thousand Founds Loan) And to Receive the Same 
and bring it into the Gen 1 Assembly to be burnt to ashes. Sent 
up by Mr. Knight. [Concurred.] 

An act to authorize and direct the Selectmen of y e town of Bow 
in assessing the polls and Estates within s d Township, pass'd to be 
enacted. Sent up by Mr. Knight. 

[p. 437.] The House adjournd till three of the Clock in the 
.afternoon. 

Post Meridiem. 

Met according to adjournment. 

The Vote for Compiling a new Body of Laws bro't down by the 
Secretary Feb. 22' 1 Sent back by John Macmurphy Esq. with a 
message that y e House did not see it necessary that there should 
be an act made to carry the Same into execution. Also the Vir- 
ginia Act sent up at the same time. 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Thursday April ll tt 1754. 
Met according to adjournment. The Committee for Gove' : 
House made report as on file.(l) 

(1) This Report not found.— Ku. 



1754.] JOURNAL OF THE HOUSE. 2G1> 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Fry day April 12 th 1754. 

Met according to adjournment. 

The sum of £6 : 16 : 6 new Ten r allow'd Mr. Edm d Brown on 
his acct. Sent up by Mr. Sanders. A message sent to his Excel- 
lency to acquaint him that there was a member returned from 
Kingston to sit in Gen 1 Assembly in room of Jedediah Philbrick 
Esq. dec'd, by Mr. Wiggens & Mr. Lovewell. 

[p. 438.] The House adjournd till three o'clock afternoon by 
order of y e Speaker. 

Post Meridiem. 

Met according to adjournment. The House adjourned for the 
space of six minutes by order of the Speaker. 

Met according to adjournment. The act for dividing the Estate 
of John Mudget, dec d having been read three times, Voted That it 
pass to be enacted. Sent up by Coll. Gilman. [Assented to.] 

The House adjourned till to morrow morning nine o'clock by 
order of the Speaker. 



Saturday, April 13 th 1754. 

Met according to adjournment. The House adjourn'd for the 
space of six minutes by order of the Speaker. 

Met according to adjournment. 

The act for suppressing of Lotteries having been read three 
times pass'd to be enacted and sent up by Mr. Page, Mr. Tuck and 
Mr. Stevens y e 17 th . 

The Secretary, Capt. Wibircl and Capt, Warner came into the 
House and qualifyed Mr. Benj a Stevens (sent by Kingston to repre 
sent them in General Assembly in the room of Jedediah Philbrick, 
Esq. dec'd) to sit in General Assembly. 

Additional act for regulating the Militia having been read three 
times Voted, That it pass to be enacted. 

Additional Act for the preventing of gaming having been read 
three times Voted That it pass to be Enacted. 

The Act directing and Regulating the appointm* and choice of 
[p. 439.] Petit Jurors having been read three times, Voted that it 
pass to be enacted. The three foregoing Acts sent up y c 17 th by 
Mr. Page, Mr. Tuck and Mr. Stevens. [All assented to.] 

The House adjourn'd till Monday next three of the Clock inther 
afternoon by order of the Speaker. 



-TO PKOVINCE OF NEW-HAMPSHIRE. [1754. 

Monday, April 15 th 1754. 

Post Meridiem. 

A number of the House met but not the Speak r . The Secretary 

came into the House and said he was directed by his Excellency 

to adjourn the Gen 1 Assembly till to morrow morning ten o'clock, 

and accordingly adjourn'd the same 



Tuesday, April 16 th 1754. 

Met according to adjournm 1 . The Speaker being absent, Mr. 
Henry Sherburne juir" chosen Speaker pro Tempore. The Com 
mittee appointed for telling the Principal of y e Twenty five Thou 
sand Pounds Loan in the hands of the Trustees bro't into the 
house the sum of Eight hundred and sixty three pounds, fifteen 
shillings & seven pence half penny New Ten r which was burnt to 
ashes in the face of the Gen 1 Assembly, and they are discharged 
from s' 1 Sum. 

The House adjournd till 2 of the clock in y e afternoon by order 
of y c Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary bro't into the House the Petition of the Select- 
men of Merrimack for a Tax on the lands lying in s d Merrimack 
belonging unto non Resident Proprietors. 

[p. 441).] He also bro't into the House the petition of Joseph 
Butler and said the Council were of opinion that a vote would An- 
swer the end as well as an act. 

The House upon reading the vote of Council upon the Vote of 
this House pass'd on the Petition of Joseph Butler the 28 th of 
March 1754, Voted that the House adhere to their former vote. 
Sent up by Mr. Lovewell. 

Upon reading the petition of the Selectmen of j\{errimack. Voted 
that the Petitioners be heard on the s d Petition on the third day 
of the sitting of the Gen 1 Assembly next after the last day of June 
next, and that the Petitioners at their own cost insert the substance 
of the B d Petition and orders thereon in two of the public papers, 
Viz. In y e Post Boy print and the Tuesdays paper three weeks 
successively, that any person or persons may shew cause, if any 
they have, why the Prayer of the Petition shou'd not be granted. 
Sent up by Esq 1 * Macmurphy. 

The Committ.ce for telling the principal of the Twenty-five Thou- 
sand Pounds Loan in hands of the Trustees bro't into the House 
{he sum of twelve hundred and ninety two Pounds seven shillings 
and six pence new Ten 1 ' Bills of Credit which was burnt in the 
House in the face of the Gen 1 Assembly. 

The House adjourn'd till to morrow morning nine o'clock by 
older of y c Speak'. 



1754.] JOURNAL OF THE HOUSE. 271 

Wednesday, April 17 t!l 1754. 

Met according to adjournment. 

[p. 441.] The Riot Act being read three times, Voted y*it pass 
to be enacted. (1) Sent up by Mr. Page, Mr. Tuck & Mr. Stevens. 

Whereas there is at present no Provincial House for the Gov- 
ernour of this Province to live in, and Whereas it is judged expe- 
dient that there should be such an house provided as soon as may 
be, if a way can be found to effect the same, Therefore Voted that 
Mr. Speaker, Mr. Henry Sherburne jun. and Matthew Livermore 
be a Committee of this House to joyn with such as shall be ap- 
pointed by the Hon blc the Council to make enquiry, whether such 
an house can be purchased and for what Sum or whether it is best 
to build one and if so, to make Enquiry where is a convenient 
place to build such an house upon and to make Report as soon as 
may be. Sent up by Capt. Bell. [Concurred.] 

The Committee for telling the Principal of the Loan of Twenty- 
live Thousand Pounds in the hands of the Trustees, bro't into the 
House the sum of sixteen hundred and eighty four Pounds nine- 
teen shillings and three pence new Ten 1 " Bills of Credit which was 
burnt to ashes in the face of the Gen 1 Assembly. 

The House adjourn'd till three of the cloc^ in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournm*. The Act to enable Rich 11 Jenness 
the third farmer of the Excise to administer an Oath &c. to any 
Tavern keeper &c. having been read three times, Voted That it 
pass to be enacted. Sent up by Doct r March. 

[p. 442.] Upon Reading the memorial of Thomas Wallingford 
Esq, &c. relating to a Provincial work house, (a) Voted That Mr. 
Speaker Weare Coll. Peter Gilman and Mr. Jon a Lovewell be a 
Committee of this House to joyn witli such as shall be appointed 
by the Hon bl the Council to consider of the s d memorial what 
they think proper to be done by the Governnr relative thereunto 
and make Report thereof unto the General Assembly as soon as 
may be. Sent up by Mr. Sanders. 

(a) Jour. C. & Ass. April 17, 1754. Mr. Page from the House bro't up 
the memorial of Thomas Wallingford & others a Comittee appointed by a 
society of Gentlemen who had raised a sum of money for building a work 
house and making an offer thereof to the Province &c. and a vote of the 
House thereon appointing a Comittee to consider thereof and report 
thereon — read & concurred and a Comittee added. 

Adjourned till tomorrow 10 o'clock A. M. 

The projected vote relating to the money in Great Britain in 
the hands of John Thomlinson Esq. agent at the Court of Great 
Britain for this Government, being read, Voted that it lay till to- 
morrow morning for consideration. 

(1) See said Act in full, in MS. Public Acts, Secretary's office, 1741— C5. pp. 2C5— 289. 
— Ed. 



272 



PROVINCE OF NEW-IIAMPSHIRE. [1754. 



Upon reading the ace* of George Mitchell Esq. for drawing a 
Plan of this Province, 

Voted, That Coll. Peter Gilman and John Page Esq. be a 
Committee of this House to joyn with such as shall be appointed 
by the IIon ble the Council to consider of the demand of the s d 
George Mitchell Esq. and what they think proper to be done 
thereupon, and make Report thereof to the Gen 1 Assembly as 
soon as may be. Sent up by Mr. Wiggin. 

The Committee for telling the Principal of the Twenty-five 
thousand Pounds Loan in the hands of the Trustees, bro't into 
the House the sum of sixteen hundred and forty five Pounds sev- 
enteen shillings and nine pence new Ten r Bills of Credit, which 
was burnt to ashes in the face of y e Gen 1 Assembly. 

[p. 443.] The House adjournal till tomorrow morning nine 
o'clock by ord r of y c Speaker. 



Thursday April 18 th 1754. 

Met according to adjournment. 
« Mr. Jonathan Lovewell one of the Excise Collectors for this 
Province exhibiting an account of the money by him received and 
of his own Excise, and of what he had paid the Treasurer, and 
having sworn to the Same and producing vouchers from the Treas- 
urer for the Ballance paid him amounting to the sum of fifty eight 
Pounds seventeen shillings and six pence new Ten r , Voted, That 
the s fl ace 4 be received and accepted. Sent up by Mr. LovewelL 
[Concurred.] 

The Committee for telling the Principal of the twenty-five 
Thousand Pounds Loan in the hands of the Trustees bro't into 
the House the sum of twelve hundred and sixty three Pounds, 
fifteen shillings and ten pence half Penny new Ten r Bills of Cred- 
it new Ten 1 " which was burnt to ashes in the iace'of the Gen 1 
Assembly. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

The act for preventing the Destruction of alewives in their pass- i 
ing through Cohass Brook(l) into great Massabesic Pond, having 
been read three times, Voted that it pass to be enacted. Sent up 
[v. 442.] (2) by Esq r Macmurphy. 

The House adjourn'd for the space of five minutes by order of 
the Speaker. 

Met according to adjournm*. 

The Act for the Proprietors of the Common lands in Portnv* 
having been three times read, Voted, that it pass to be Enacted. 
Sent up by Deacon Philbrick. 

(1) Cohass Brook was the outlet of Massabesic pond, into the Merrimack river 
where once was the farm of Capt. John Goffc— Kd. 

(2) By error of the Clerk, pp. 442. 443, are repeated.— Ed. 



1754.] JOURNAL OF THE HOUSE.. 27o 

The Committee for telling the principal of the Twentyiive 
thousand Pounds Loan in the hands of the Trustees bro't into the 
House the sum of fourteen hundred and one pounds and nine 
pence new Ten r Bills of Credit, which was burnt to ashes in the 
face of the Gen 1 Assembly. 

Voted that Thomas Millet, Richard Jenness and Eleaze'r Russell 
Esq, be a Committee of this House to joyn with such as shall be 
appointed by the Hon blc the Council to tell over what Bills of 
Public Credit now are in the hands of the Treasurer to be burnt 
according to acts of the Gen 1 Assembly and bring the same into 
the Gen 1 Assembly in order to be burnt to ashes. Sent up by Mr. 
Lovewell. 

The Act for Incorporating Summers worth into a Town being 
read three times, Voted that it pass to be enacted. Sent up by 
Mr. Sanders. 

The House adjourn d till to morrow morning nine o'clock by or- 
der of the Speaker. 



Fryday, April 19 th 1754. 

Met according to adjournment. 

Whereas it appears by Letters from John Thomlinson Esq. 
Agent for this Province at the Court of Great Britain, That he 
[p. 443.] (2) had, with part of the money in his hands belonging 
to this Province purchased annuities to the amount of Twenty 
Thousand Pounds Sterling money of Great Britain, which, for 
want of Proper Power of Attorney stood enterd in his own name, 
which is not consistent with the Interest of the Province There- 
fore Voted that Theodore Atkinson, Richard Wibird, Meshech 
Weare Esqs. and Mr. Henry Sherburne jun. be and hereby are; 
Nominated and appointed Trustees for this Province in the Res- 
pect and to the Purpose hereafter in this vote declared and a Com- 
mittee they or the major part of them to make, seal and execute 
in behalf of this Province a proper Power of Attorney to the said 
John Thomlinson Esq. Impowering him and his Executors or ad 
ministrators in case of his Decease to accept the said annuities, 
and all such as he hath since or shall hereafter purchase with the 
money belonging to this Province for, and cause the same to be 
entered in the said Books to, and in the names of the said Theo 
dole Atkinson, Rich d Wibird, Meshech Weare and Henry Sher- 
bern jun. as Trustees for this Province in such way and manner as 
that it may appear that the said annuities and all the Interest, 
Profit and advantage that shall arise thereby belongs to this Prov- 
ince : And to invest him or them with full Power and authority to 
do any act, matter or thing necessary to the Purpose aforesaid and 
to Enable him the said John Thomlinson Esq. to Receive the said 
Interest and apply the same as the said Trustees or the major part 
of them or their successors in the said trust shall from time to 

18 



274 PROVINCE OF NEW-HAMPSHIRE. [1754. 

time Direct, pursuant to such orders thereto Relating as they shall 
from time to time receive from the Gen 1 Assembly. Sent up by 
Air. Tuck. 

The Committee for telling the Principal money in the hands of 
the Trustees of the twenty live Thousand Pounds Loan brought 
into the House the sum of three thousand five hundred and thirty 
seven founds eighteen shillings and nine pence new Ten 1 " Bills of 
Credil Allien was burnt to ashes in the face of the Gen 1 Assembly. 

The House adjournd till three of the clock in the afternoon by 
order of y° Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That the Treasurer send out his warrant for collecting- 
trie Province Tax for the current year (which may be paid in spe 
cie) agreeable to the Prices fixed and set to the following articles, 
v:-:. 

Xeio Tenor. 
Merchantable Hemp pr Hundred 
Flax pr Toand 
Winter and first fare Isle of Sable merchantable cod-fish pr 

Quintal 
Barr Iron pr Hundred 
Bye pr bushel 
Wheat pr Do 
Barley pr Do 
I"case pr Do 
Indian Corn pr Do 
Pork pr pound 
Beef pr ])'> 
Joyce pr Thousand 

Merchantable white pine Boards pr Do 
White-oak two inch plank pr Do 
Bees wax pr pound 
I'itch pr Barrel 

[p. 445.] Tar pr barrel 
Turpentine pr Do 
Bay-berry Wax pr pound 
r mn'd sole l< ather pr Do 

Sent up by Mr. Tuck. [Concurred.] 

The Committee for veiling the Principal of the Twenty-live 
Thousand pounds Loan in the hands of the Trustees to be burnt, 
i >'t into the house the sum of Two thousand four hundred and 
bhirty-eighl Pounds seventeen shillings and live pence half penny 
New Tenor Bills of Credit which was burnt to ashes in the face of 
the Gen 1 Assembly. 

The House adjournd I'd! tomorrow morning nine o'clock by or 
tier of y c Speaker. 



£4: 


10:0 


0: 


1:2 


t: 


10:0 


2 : 


10:0 


: 


0:0 


0: 


S:0 


0: 


5:0 





10:0 


0: 


5:0 





0:6 





0::'. 


2 


10:0 


2 


15:0 


10 


0:0 





2:0 


1 


10:0 


1 


5 : O 


2 


0:0 





1:6 


o 


1 :\) 



1751.] JOURNAL OF THE HOUSE. 275 

Saturday April 20 Ul 1754. 

Met according to adjournment 

The Secretary came into the House & said he was directed by 
his Excellency to Inform the House that he should adjourn the 
Gen 1 Assembly till Monday next. And he had orderd the Treas- 
urer to lay such accounts before the House as they shou'd desire, 
and that he would have the late Treasurer's accounts settled and 
finished in the first place for that he wanted them to send home. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 . Assembly till Monday next 
ten o'clock in the forenoon and accordingly adjournd the same. 



[p. 446.] Monday April 22 d 17o4. 

A number of the House met, but not a House nor the Speaker. 
[Adjourn'd till 3. P. M., and again adjournd till] 

Tuesday, April 23 d , 1754. 

Met according to adjournm*. Mr. Speaker Weare being absent, 
the House made choice of Mr. Henry Sherburn Speaker pro 
tempore. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournm 1 Voted That Meshech Weare Esq. 
Mr. Henry Sherburne jun. Peter Gilman, Esq. Thomas Bell Esq. 
and Matthew Livermore be a Committee of this House to joyn 
with such as shall be appointed by the Hon ble the Council to ex- 
amine the accounts of the late and present Treasurer which now 
remain unsettled and to make their Report to the Gen 1 Assembly 
£p. 447.] as soon as may be. Sent up 24 th by Mr. Sanders. 
[Concurred.] 

The House adjourn'd till tomorrow morning nine o'clock by ol- 
der of the Speaker. 



Wednesday April 24 th 1754. 
Met according to adjournment. The act for choosing Grand 
Jurors and directing their service being read three times, Voted 
That it pass to be enacted. Sent up by Capt. Wentworth. 

Ansicer of the House to the Governor s Message. 
'May itplease your Excellency, — 

We have had your Excellency's message of the 2G th day of March last 
Relative to the high handed crime of Breaking open the Provincial Goal 
and setting- at liberty two criminals Indicted for murthcr, under our cou- 



270 PROVINCE OF NEW-HAMPSHIRE. [1754- 

sideration, arc very sensible that such practices are an open Insult upon 
and manifestly subversive of all Government and authority, and that much 
it concerns every one in their respective stations to exert themselves that 
offenders may be brought to condign Punishment, and such pernicious 
practices prevented for the future and we are are unanimously disposed 
to do all in our power in order thereto and we have applied ourselves to 
carry out the most likely methods to attain that end and to promote peace 
and good order in the Governing and in order hereto have prepared and 
pass'd Acts for chusing grand and Petit Jurors for attending the several 
Courts in such a way and manner as Ave apprehend will be most likely to 
have Jurors to serve at said Courts who will be qualifyed for their rc- 
[p. 44S-] spective Business and the least burthensome on account of at- 
tendance; and also an Act for suppressing of Riots for the future. To 
all which we pray your Excellency's assent, and we desire that such offi- 
cers whose proper business it is to make out process against or to appre- 
hend such as were concerned in said crime may be directed to do their 
duty and that all necessary orders may be given for such aid and assist- 
ance as ma} - be necessary to effect the same. 

Sent up by Capt. Wentworth and Mr. Knight. 

The House adjournd till three of the clock in the afternoon by 
order of the Speak/. 

Post Meridiem. 

Met according to adjournment. The Secretary bro't into the 
House the Report of the Committee relating to the Petition of a- 
number of persons in Dover for a new Parish. 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Thursday April 25 th 1754. 

Met according to adjournment [and again adjourned to 3 P. M.] 

The Committee for selling the Excise brought in their account 
of charge amounting to the sum of Eight Pounds seven shillings 
and six pence new Tenor which was voted to be allowed and paid 
[r. 449.] out of the money in the Treasury. Sent up by Mr* 
Knight, 

The Committee for revising the Laws in 1747, Bro't in their 
ace* amounting to the sum of fifty two Pounds one shilling and 
three pence old Ten 1 ", in New Ten r thirteen Pounds and three 
pence three farthings. Voted that the same be allow'd and paid 
out of the money in the Treasury. Sent up by Mr. Knight. 

Voted That Peter Oilman Esq. and Matthew Livermore be a 
Com tee of this House to joyn with such as shall be appointed by 
the Hon ble the Council to Repair the Provincial Goal in such way 
and manner as they shall judge necessary, also to make any addi- 
tion or additions to the said Goal as by them shall be thought 
proper, also to purchase any Parcell or spot of ground or land con- 
venient for a garden or any other accommodations for said Goal 
and to dig a well in for said Goal, and to dig and finish said well 
and that the said Com tee hereby are appointed Trustees for said 
Province to take the Deed or Deeds for the land they shall pur- 



1754.] JOURNAL OF THE HOUSE. 277 

chase pursuant to this vote in their names as Trustees lor said 
Province, and that they draw out of the money that is or may be 
in the Treasury not exceeding what remains appropriated to that 
use, and that they proceed upon said Business as soon as may be 
and that they render an account of their Proceedings therein to 
the General Assembly from time to time as there may be oppor- 
tunity. Sent up by Ivnight. 

The- Secretary brought into the House a message from his Ex- 
cellency relative to a Letter from Gov 1 " Shirley, also a letter from 
,Gov r Shirley of y e 22 d of April 1754. 

r The Governor 's Message. 

[Copied from MS. Gov* 8 Messages, \o\. II, p. 131.] 
Mr. Speaker & Gentlemen 
of the Assembly. 

For want of time to give you a copy of Governor Shirley's letter to me 
of the 22 d inst, I have directed the Secretary to read to you the original 
■'& to leave it with the House, that the things relative to this Government 
therein may be forthwith taken under your consideration, expecting to 
have it return'd to Due time to give answer thereto by the Post tomorrow. 

The Interview to be held at Falmouth, you must think the Province in- 
terested in & therefore I make no doubt but you will make an ample and 
suitable provision for Commissioners to attend at it, if my health will not 
permit me to be present in person. 

You will Gentlemen observe that Lieut. Governor Delancey has in- 
formed Governor Shirley that it is reported at Albany that the French 
have lately finished a fort at Co-as, whether this Report be true or false, 
is not material, but when such reports are Current, it is our duty in obe- 
dience to his Majesty's Commands, to inquire into the truth of the re- 
ports & I shall not doubt of your instantly making a grant to put it in my 
j)ower to enquire into a matter of such Importance to his Majesty & the 
Province. By the other paragraphs -of his Excellency's letter you will 
observe with what dispatch & pleasure the Assembly* of the Massachu- 
setts have gone through their publick business. 

B. Wkxtwortii. 
Council Chamber in 
Portsmouth, April 25 th , 1754. 

Governor Shirley s Letter. 

[Copied from MS. 'Gov™ Messages, !\ r oL PI, p. 133.] 

Boston, Api 22" 1754. 
.Sin— 

Since my last Letters to your Excellency the ^General Court of this Pro- 
vince have provided for an Interview between me and the Eastern In- 
dians as also for my building a new Fort upon Kennebeck Kiver as far up 
the River as I shall judge proper, and have also desired of me to use the 
proper means for removing any French fort that may be buftt within his 
Majesty's Territories near Kennebeck River and have provided for my 
raising five hundred men for this servis and for Presents to the Indians 
in case I shall judge it convenient to deliver them. I find upon due in- 
quiry that the Indians Hunting Time will not be over till near the end 
of May, so that I propose to be ready to go from hence to Falmouth in 
Casco Bay (which I shall order to be the Place of meeting) about the 
Eighth of June, and if your Excellency or Commissioners from your 



278 



PROVINCE OF NEW-HAMPSHIRE. [1754. 



Government will meet us there as it will be acceptable to me, so (I trust) 
it wiil conduce to the general good and it seems more necessary on the 
account of the Indians killed in your Province that every thing that can 
may be dour to give the Tribes satisfaction on that Head. As to the 
story of Indians being killed on Montinieus Island, upon the utmost 
search I have made by persons I sent down to said Island for that pur- 
pose. I apprehend it is a . . . notorious invented Falshood by a ly- 
ing Boy that was a servant upon the Island. I am at present undeter- 
mined whether to raise all the five hundred men provided for, and shall 
be governed in sum measure by the further Intelligence I may receive of 
Indian affairs and especially respecting the French Fort said to be built 
near the head of Kennebeck River: I shall give your Excellency further 
advice upon these matters upon any new Occurrence. The Assembly is 
upon the point of rising so that T have only time to add that I am. Sir, 
your Exceflencys most humble 

and most obedient Ser vt . 

W. Shirley. 

P. S. IJ.v a letter I have rec' J from Mr. Delancey Lieutenant Governor 
of New York, by this he Informs me that there is a report at Albany that 
the French have lately finished a Fort at Co-as near the head of Connect- 
icut River. I should have added that the Assembly hath voted a grant of 
£300 Lawful money for providing Presents for the Indians for the Six 
Nations, and have authorized COmm ra to agree upon measures in concert 
with the Gov- of New York & the other Gover ts which sha'l send Com ra 
to Albany, for retaining the six nations in our Interest, and bear their 
proportionable part of the expenses as I mentioned I should recomend 
them to do in my last to your Excellx. 

A true copy of a Letter sent to the House by his Excellency, Apiil 2."> !l1 
1754. 

Attest: — Matthew Livermore, Clerk of Assembly. 
Indorsed — "Copy of a letter from Gov 1 Shirley ) 
to Gov Wentworth, Ap. 2& 1754." ' 5' 

[The following is Gov 1 ' Shiricv's letter above referred to. copied from 
Prov. RecB. I. p. 270.— Ed.] 

Boston, March L8 Ml 1751. 
Sin— 

I have now to acquaint your Excellency that I have receiv'd such In- 
formation of the French of Canadas' building a Fort near the Head of 
Kennebeck River as leaves me no room to doubt of the fact : 1 am using 
all the means [ am able to obtain a more perfect knowledge of the partic- 
ular Place & of the strenath of the Fort, and as 1 apprehend this to be 
an open violation of the Treaties of Peace and Invasion of his Majesty's 
Bights, A', like to have a fatal Influence on the Safety of his Majtf* sub- 
jects in these Colonies, if measures ben't used for dislodging the French 
from these places, I propose to lay this Matter before the General As- 
sembly of this Province at their meeting the next week & to recommend 
to them lo make provision for the charges of raising and employing For- 
ces forthe Driving oft" the French from that Tost. And as this Service 
cannot lie so well effected without the Assistance of the neighboring Col- 
onies more especially of New Hampshire & Connecticut, & as our ccin- 
mon Safety is deeply concerned, and his Majesty has signilicd his Pleas- 
ure that the several" (iovernin ;s of these Colonies unite their Force in 
preventing or Repelling the French encroachm ts on the English Territo- 
ries, & be ready to give assistance to each other, as their occasions shall 
require, 1 doubl not but that your Excellency & jour whole Government- 
will join with us in an affair wherein his Majesty's Honour and Interest 



1754.] JOURNAL OF THE HOUSE, 270 

& our own Security is so much involved. I thought it proper to give 
you this early Intimation, so that the proper season for enterprising the 
Design may not be lost by delay. I shall give you further advices of 
these matters when I have the mind of your Assembly, & if they fall in 
with my Judgm* here in, I will not lose a Moment for preparing to Exe- 
cute this Design : Eor the present it will be best to keep the matter from 
public notice. The Indians have given such menaces against the English 
that I am much afraid they will make some attempts upon our Frontiers this 
Spring. . I am, Sir, with respect and Esteem 

Your Excellency's most obedient Humble Servant. 

W. Shirley. 

His Excellency Benning Wentworth, Esq. 

Extract from a Letter from Gov. Shirley relating to union of 
the Colonies, Se. 

[Copied from Pro v. Rec. 13. I, p. 289.] 

Boston, March 5 th 1754. 
"Sir 

I am to Acknowledge the receipt of your Excy s favours of the th 14 th 
and 21 st of February which I have waited for the opportunity of answer- 
ing by Mr. Pierce. 

"I receiv'd from Gov 1 ' Dinwiddie by last Post an ace* of the Frenchs' hav- 
ing built two forts, one upon the Lake Erie, and the other at ab* 15 miles 
distance upon the river Ohio, very lately, and preparing to build several 
others in the ensuing Spring, the principal of w dl is to be built at Logs 
Town; I should have mention'd that one of the forts already built is 
mounted w th 8 six Pounders, and both garrison'd with 150 men each, the 
rest of their army being gone into Winter Quarters. 

" They have already prevailed upon three Indian Nations to take up the 
Hatchet ag -t the English, viz. The Chipperways, Ottoways and Onondaoks 
and threaten hostilities ag st the other neighbouring Indians, if they inter- 
fere in our favour. 

'■'These Incroachm ts of the French and their others upon the Lakes and Elv- 
ers, particularly that at Crovm Paint, as also their forts upon the Isthmus of the 
Peninsula of Nova Scotia, St Johns and Kennebeclc rivers, afford a. very alarm- 
ing prospect ; and should they prevail by menaces or artifices upon the In- 
dians of the Six Nations to desert our alliance and come over to their In- 
terest, it might have very fatal effects. How necessary then is that union 
of the English Colonies w ch the Earl of Iloldernesse recommend* to all his 
Mafys Governours for their mutual protection and defence ag sl the Enemy. 

"Wherefore as there is to be an Interview at Albany with those Indians 
in June next to w ch I suppose Commissioners will be sent from the Gov 1 - 
of Virginia, Maryland, Pennsilvania, the New Jerseys, your Excy s and my 
own and I hope also from Connecticut, I would propose it for your Excy s 
consideration whether this meeting of the Comm :s from so many Gov 13 to 
treat with these Indians in concert with the Gov 1 of New York may not. 
yield a most favourable opportunity for beginning such an union (in this most 
essential article) by jointly agreeing upon such measures, as may most ef- 
ffectually preserve and strengthen our alliance and friendship with these 
Nations : For w cl1 purpose the several Comm rs should have sufficient power. 1 ; 
given them by their respective Gov ts as also to settle the Quota of each 
Gov' either in men or money for carrying what shall be agreed upon into 
Execution, whether that shall be by erecting and maintaining one or more 
forts within such parts of the Mohawk Country, as the Indians themselves 
shall chuse for their protection of it, the Squaws and paposas ag st the Incur- 
sions of the French and their Indians in their alliance, at such times as 



280 PROVINCE OF NEW-HAMPSHIRE. iUoi. 

tlicy shall be engaged in hunting or warr, or otherwise as shall be most 
acceptable to the Indians and conducive to his Majesty's service. 

"This is what 1 shall recommend in a pressing manner to the Assembly 
within this Gov 1 at their meeting on the 27 lh Instant; and I can't but think 
it would have a most happy effect, if his Maj'. vs several Gov ;s would pre- 
vail upon their respective Assemblies, w ch I shall take the liberty of men- 
tioning to them for their consideration, to join in so salutary and neces- 
sary a measure for the common cause." 

Be pleas'd to favour me with your ExcJ* sentiments upon it. 
I am with respect, Sir, your Exc- vs 

most obedient Humble servant 

W. Shikley. 
His Excellency Governor Wentworth. 

Upon reading the Petition of a number of persons in Dover 
for a new Parish in Dover and the Report made by the Committee 
relative thereunto, 

[p. 453-3 Voted that the Petition lay for further consideration 
that the contending partys may have opportunity to agree among 
themselves. 



Fryday, April 26 th 1754. 
Met according to adjournment. The house adjourn'd till three 
o'clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. The Secretary bro't into the 
House the Report of the Committee appointed to look out a 
House for the Governor of this Province to live in. 

[Report, copied from MS. Corr. Vol. II, p. 99.] 
April 20 1754. 
In pursuance of ihe within vote we have Treated with the owners of 
the Brick House in Portsm where his Excellency the Governor lately 
lived (that being the only House in town now to be sold that we appre- 
hend suitable for a Government House) who are disposed to sell the s d 
House with the J, and and Yards adjoining- on the South End of the Street, 
and the corner Lot opposite on the South side to contain about seventy 
feet square, which the owners aforesaid will sell to the Province for nine 
Thousand rounds Old Ten 1 '. 

We tho't it unnecessary to Pursue the vote further in searching a con- 
venient place to Build a suitable House till the General Assembly had de- 
termined whether they would Purchase the above said House or not. 
All which is submitted by 

Theodore Atkinson 
R. Wibird 
J). Warner 
Meshech Wcarc 
Hen. Sherburne junr 
Matthew Livermore. 
In Council. April 26, 1754, 
Head & ordered to be sent 
down. Theo (l Atkinson, Secy. 

The House adjoun'd till tomorrow morning nine o'clock. 



1754.] JOURNAL OF THE HOUSE. 281 

Saturday April 27 th 1754. 

Met according to adjournment. 

Whereas it is Reported That the French have lately finished a 
Fort at Co-as supposed to be within this Province, 

Voted That his Excellency the Governour be Desired to use such 
methods to find out the truth of said Report as he may think proper 
and that the charge thereof be Defrayd out of the money that is 
or may be in the public Treasury. 

Sent up by Mr. Sinders. [Concurred.] 

The ace* of Capt. Jenness for wood amounting to the sum of 
twelve Pounds ten shillings new Ten 1 '. Yoted That it be allowed 
and paid out of the money that is or may be in the Treasury. 
Sent up by Doct. March. 

Ordered That Capt Israel Oilman and Mr. Joseph Thomas be 
sent for to attend the House on Monday next in the forenoon. 

[p. 451.] Sent out accordingly. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the G^n 1 Assembly till Monday next ten 
of the clock forenoon and accordingly adjournal the same. 



Monday April 29 th , 1754. 

A few of the members met [but not enough to form a house, and 
adjourned, once and again, till] 

Tuesday, 3 o'clock', P. M. 

Met according to adjournment. 

[p. 452.] Whereas his Excellency the Governor hath signifyed 
to this House by his message of y c 25 th Instant that the Govern- 
ment of the Massachusetts Bay intend an Interview with the East- 
ern Indians at Falmouth in Casco Bay, some time in June next, 
and intimates a Desire that suitable Provision might be made for 
Commissioners from this Province to attend at said Interview, if 
his Excellency's health will not permit him to attend in person, 

Yoted That if his Excellency thinks it will be for the advantage 
■of this Province personally to attend at said Interview and his 
•his health will admit of it, the Expence thereof be defrayed by the 
Province, and that Colonel Peter Gilman and Clement March Esqs. 
be a Committee of this House to joyn with such as may be ap 
pointed by the Hon ble Council to attend upon his. Excellency : but 
in case his Excellency's health will not permit him personally to 
attend, that they, with such as may be appointed by the Honour- 
able the Council, be Commissioners to Represent this Province at 
s 4 Interview, and if needful for the benefit of the Province to make 
any present to the said Indians, that they be and hereby are Ini- 
powred to do it at the Expense of the Province. 



282 PltOVINCE OF NEW-HAMPSHIRE. [178fc 

Scut u]) May I s ' by Capt. Bell. 

The House adjourn'd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Wednesday May 1 st 1754. 

Met according to adjournment. 

[p. 453.] Voted That there be paid unto his Excell y the Gov- 
ernor out of the money that is or may be in the Treasury for his 
more Hon 1 ' 10 and ample support this present year 1754, live hun- 
dred & fifty pounds new Ten 1 ". Sent up by Capt. Gilman. 

The House adjourn'd till three of the clock, in the afternoon by 
order of the Speaker. 

The Hon blc Rich d Wibird Esq. came into y c House and brought 
a Letter which he said the Gov r just Ilec' 1 from Coll. Blanchard & 
directed him to deliver it to the Speaker. (1) 

The Report of the Committee of both Houses appointed y c 17 th 
Inst, to make enquiry after a suitable house to be purchased for a 
Provincial House for the Governor to live in, being read, 

Voted, That if the Brick House and land mentioned in said Re 
port may be purchased for the sum of one thousand seven hund 
red and fifty pounds new Ten 1 ', and a good title can be made to it 
and a proper way can be found out for raising money to pay for 
y fi same, that the said Brick House and Land be purchased for a 
Provincial House, and y* y e Com te appointed by s d vote shall be 
& hereby are authorized & Impowrd to treat with y e owners of 
s d house & Land and if they will take the s d sum of one thousand 
seven hundred & fifty pounds new Ten 1 ' for the same, to examine 
into the Title thereof: But if the s' 1 owners will not take the s (i 
sum for the same that then the s d Committee enquire after a suita- 
ble place to build a Provincial House upon mid make Report as 
soon as may be. 

Sent up by Mr. Macmurphy and Mr. Sanders. 

The Secretary came into the House and said y* the Council were 
of the opinion that the vote relating to the Intended Interview 
with the five Nations might be mended in three particulars, viz. 
[r. 454.] If the House intended that any tiling should be done by 
the Commissioners more than what related to the live Nations.it 
was not expressive eno' ; also, that they tho't there was not a sul- 
ficient number of Commissioners appointed by s d vote ; also, that 
they tho't it might be better if the Commissioners appointed for 
s' 1 Interview should have a Sterling Bill instead of drawing monej 
out of the Treasury. (:>) 

(a) Jour. C. & Ass. May 1, 17.-,!. His Excellency sent a letter he rec d 
(Void Coll' Blanchard, to* the house (by Cant. Wibird) relating to the 

(l) This letter canni t now be found.— bd. 



1751.] JOURNAL OF THE HOUSE. 288 

sending a number of men up the Connecticut river in order to find 
weither the French were building a Fort in that part of the Province as 
has been reported. 

Mr. Atkinson and Mr. Warner, with a message from the Council to the 
house in relation to the vote about Comissioners to treat with the six 
Nations of Indians, viz. That the s d vote would stand better if the 
Comissioners Power were enlarged and not confined to the Interview 
with the Indians only. 

2 dl y The Number of Comissioners ought in their opinion to be aug- 
mented, and 

3 dl .v That the Comissioners should be furnished with Bills of Ex- 
change instead of Paper money. 

Mr. Sherburne & Mr. Livermore from the house with a message to the 
Council to Desire that the House might withdraw the vote for appointing 
Comissioners to attend at the Interview with the six Nations of Indians 
and to act in conjunction with Comissioners from the other Govern- 
ments &c. 

The Council took under consideration the foregoing message and direct- 
ed the Secretary to carry the said vote to the House and deliver the same 
to the Speaker and to acquaint him and the house that they Durst not re- 
linquish their right to the said vote till the house had passed another in 
lieu thereof to their acceptance. 

The House adjourn'd till tomorrow morning nine of the clock 
by order of the Speaker. 



Thursday May 2 d 1754. 

Met according- to adjourn in 1 . 

The Secretary bro't into the House the vote of this House of y e 
S0 tb of January last relating to y c interview with y° Six Nations 
and said the Council did not care to Relinquish their Right to it 
unless one should pass that will better answer y e purposes therein 
proposed. 

A verbal message sent to his Excellency by Mr. Thomas And 
Livermore to acquaint his Excellency that if he tho't from Coll. 
Blanchard's Letter to his Excellency that there might no danger 
arise by deferring the sending out Any men to examine into the 
Report of the French having built a •Fort at Coos for some time, 
they are content, but submit the whole affair to his Excellency s 
conduct. Tiie Secretary brought into the House a Letter from 
[p. 455.] Lieut Governor DeLancey to Gov. Wentworth ; also the 
Copy of a Resolve of the Assembly of New York. 

Letter from Lt, Gov* DeLancey of New York. 
[Copied from MS. Corr. Vol. II. p. 101.] 

New York. 22* April 1754. 
Sin. 

In my speech at the opening of this session I declared my apprehen- 
sion that unless the Colonys unite in measures for building forts in the In- 
dian country for their security And the safety of the women and children 
when the men are abroad and for sending smiths? and other proper per- 
sons to reside among them, We shall loose the little influence we still have 
over them, and it was reasonable the expense should be borne by the Col- 



-84 PROVINCE OF NEW-HAMPSHIRE. [1754. 

lonys in general : Yet it might be expected a scheme for that purpose should 
tuke its rise here. I also recommended to the Assembly that they would 
Enable me to build a fort or forts on the Northern parts of this Province 
until I had used my Endeavors to bring the Neighbor Governments to 
joy n in the expense of erecting as many forts as might be necessary to 
guard them and us from the Incursions of the Enemy in that quarter: 
Upon which they came to the Enclosed Resolution, and as I doubt not of 
your Excellency's agreeing in opinion that the building forts in the Indian 
Country is an Essential step toward securing them and their allies in his 
Majesty's Interest, in which all the Collonies are much concerned, and 
that the erecting other forts on the Northern Quarters toward the French 
is a necessary measure for our common security, you will I am Pcrswa- 
ded use your Endeavors to bring your Assembly to joyn in this Expence. 
We cannot have a more favorable opportunity to concert a scheme for 
this Purpose than at the Aloany Treaty where I hope to see Commission- 
ers from your Government instructed on these heads. 

I am, Sir, your Excellencys 
most obedient & most humble scrv*. 
James DkLaxcf.y. 
(Copy) 
Pr. Tlieo' Atkinson. Sec)'. 

Resolution above* referred to. 

[Copied from Prov. Rec. B. I. p. 272.] 

Assembly Chamber the 17 th April, 1754. 
Eesolved, that in as much as the securing the five Indian Nations and 
those in alliance with them in the British interest, is of the utmost con- 
sequence to all his Majesty's Colouys on the Continent; aad as the}' have 
Requested to have Forts Built among them to secure their wives and 
children when they go out to war in behalf of the British nation; and as 
the Building such forts and some others on the Northern parts of this 
Colony will cover, and in a great Measure secure the settlements of sev- 
eral other of his Majesty's Colonys against the Incursions of the French 
and their Indians : His Honour the Lieutenant Governor be hereby ad- 
dressed to use his Endeavors with the neighboring Governments to joyn 
with this Colony in the expencc of erecting and maintaining such Forts, 
and to assure him that this House will readily come into any well concert- 
ed scheme for that purpose Ordered that Mr. Thomas and Mr. Miller 
wait on his Honour with the said Address. 

By order of the General Assembly 

Abr 1 " Lott, Jim 1 , el. 
New York 20 th April 1754. A true copy, Exam (l pr 

Geo.'Banyar, 1). Sec?. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That Mr. Speaker Weare and Mr. Henry Sherburne jun. 
be and hereby are appointed Commiss" on the part ot this House 
lo be joynd with two such Persons as shall be appointed by the 
Hon blc Council to Represent this Province at- the intended Inter- 
view with the Six Nations of Indians to act in conjunction with 
the Commissioners of his Majesty B other Governm ts at y c s d Inter- 
view in Renewing the covenant chain and securing them in the 



I 



1754.] JOURNAL OF THE HOUSE. 285 

British Interest and in consulting on any Plan or Projection that 
may be proposed for the safety and Benefit of this Province & of 
the British Colonys in general. 

And that the said Commiss rs be allowed the sum of three pounds 
new Ten 1- each for each day they shall be upon the afors d business 
and service for themselves, servants, horses and all other Expenses 
(except what extraordinary charges and Expenses they may be at 
when at s d Interview, which shall be at the charge of the govern- 
ment.) 

And that the said Gommiss™ be and hereby are authorized and 
Impowered to make such Present or Presents to the Indians afors' 1 
at the s d Interview as they shall judge necessary & Expedient not 
exceeding the sum of two hundred and fifty pounds new Ten r , and 
that the said Commiss rs be and hereby are Impowerd and author 
ized to take of the Com tec appointed to draw Bills on John Thorn - 
linson Esq. agent for this Province at the Court of Great Britain,, 
a Bill or Bills for the sum of Two hundred pounds Sterling money 
of Great Britain for y e s d Business and service, and the said Com- 
[p. 456.] mittee be and hereby are authorized and Impowerd to 
draw such Bill or Bills, and that the s d Commiss' 8 render an ace 1 
of their disbursements and also lay before the General Assembly 
the whole of their Proceedings relating to the Business afors d . 

Sent up by Mr. Page & Stevens. [Concurred.] 

Whereas this Government have an Immediate occasion for a 
sum of Ster* money to carry his Maj tys orders with Relation to 
Treaties with the Six Nations & Eastern Indians -into Execution, 
also to make enquiry into the truth of the French having built a 
Fort at or near Co-as on Connecticut river (as is reported) and. 
whereas there is a sum of money arising from the Interest of the 
money belonging to this Government in the stocks in Great Bri- 
tain now lying in the hands of John Thomlinson, Esq. agent for 
this Province, 

Therefore Voted, That Theodore Atkinson, Richard Wibird & 
Meshech Weare Esqs. and Mr. Henry Sherburne or the Major part 
of them, be and hereby are authorized & impowered to draw on 
the s d John Thomlinson for y c sum of five hundred Pounds Ster- 
ling to be Improved for the uses afores d as the General Assembly 
shall order & that a Tax be Immediately laid upon the Polls & 
Estates within this Province for bringing in and sinking the sum 
of one thousand five hundred pounds new Ten r bills of Credit on 
this Province, part of the Bills of Credit emitted by this Province 
for the carrying on the Intended Expedition against Canada, (a) 

Sent up by Messrs Page & Stevens. 

An Act for granting unto his Most Excellent Maj ty the sum of 
£6000 having been read three times, 

Voted That it pass to be Enacted. Sent up by Mess rs Page & 
Stevens. 

An Act for the Division of the Estate of Jotham Odiorn, Esq.- 
deceas d having: been read three times 



28(5 PROVINCE OF NEW-HAMPSHIRE. [1754, 

Voted, That it pass to be enacted. Sent up by AIess rs Page & 
Stevens. 

[p. 457.] The Secretary came in the House and bro't the vote 
for Commissioners for the Interview with the Six Nations and the 
vote for drawing on John Thomlinson Esq. for the sum of five 
hundred pounds sterling and said the Governor & Council tho't it 
best that the Bills should be drawn by the Treasurer and the 
money put into the Treasury that the acc ts might appear more reg- 
ular. 

(a) Jour. C. & Ass. May 2 d , 1754. Messrs Atkinson and Warner with 
:i message from the Governour & Council with the vote Impowering the 

Comittee to draw on Mr. Agent Thomlinson for £500 sterling &c. as sent 
i![) this clay to acquaint the House that they think it Quite improper for a 
Comittee to Draw said Bills and recommended that the Treasurer should 
draw the same and left the said vote with the house. 

Also to Put the House in mind that there was no Provision for the ex- 
pence of an Interview with the Eastern Indians. 

The House adjournd till tomorrow morning nine o'clock by ol- 
der of* v° Sneaker. 



FrydayMay 3 d 17.U. 

Met according to adjournm* : [and adjourned till 3 o'clock, P. 
M. then] 

Voted, Thai, the Commissioners appointed to Represent this 
Province at the Intended Interview with the Eastern Indians at 
Falmouth in Casco Bay, if his Excellency the Gov 1 shall not at- 
tend in Person be allowed each the sum of three Pounds new Ten 1 ' 
l>r day for each day they shall be upon y e s' 1 Business, for them- 
selves servants Horses & all other Expences, except what cxtraor- 
ordinary charges they may he at when at y e s d Interview, which 
shall be at the charge of the Government & that they Receive of 
the Com tec appointed to draw Bills on John Thomlinson. Esq. a 
Bill or Bills for the sum of fifty Pounds sterling before they set out 
on s' 1 Business for the use afores d & the s d Com tec shall be and 
hereby are authorized <So Impowered to draw such Bill or Bills, and 
that the s' 1 Commiss ls render an ace 1 of their Disbursements S: also 
lay before the Gen 1 Assembly tin 1 whole of their proceedings Re- 
lating to the Business afores d & that the Com tec appointed to draw 
s' 1 Bills sell the Remainder of the sum of five hundred pounds Ster 8 
Voted to be drawn for except the two hundred pounds voted for 
the Intended Interview with the Six Nations, for the most they 
will letch <fc put the money arising thereby into the Treasury to & 
Ibr the uses proposed by the vote for drawing said Bills : but if his 
[p. 458.] Excellency shall attend in person at s' 1 Interview, thai 
then the Com** appointed to draw the s' 1 Bills be and hereby are 
[mpowerd to deliver to his Excellency's order as much of s' 1 Bills 
as he shall think proper for y e s d Business and dispose of y'' re- 



1754.] JOURNAL OF THE HOUSE. 4 28 i 

mainder (except as above excepted) for the most they will fetch & 
put the same into the Treasury for the purposes afores d ; — further 

Voted, That if his Excellency attend s d Interview in Person that 
the Com tee appointed to wait upon him be allowd forty shillings 
new Ten r pr day each, every day they shall be upon s (1 Business, 
their Expences being born. 

Sent up by MrMacmurphy & Mr. Sanders. 

The House considering of the message by the Secretary yester- 
day relating to the vote for the Interview with the Six Nations, 
and the vote for drawing on John Thomlinson Esq. for the 
sum of five hundred pounds Sterling, Voted That the}' adhere to s (1 
votes Sent back by Mr Macmurphy & Mr. Sanders. 

Daniel Warner Esq. came with a verbal message from his Ex- 
cellency signifying that there was no Bounty offered for persons 
that might be sent out to examine into the Report of the French 
their building a Fort at Coos on Connecticut River and that if a 
Bounty should be offered it would be more likely to get suitable 
persons to go upon s d Business. 

Voted, Tli at the following answer be sent to his Excell ys message 
of this afternoon by Daniel Warner Esq. with Coll. Blanchard's 
letter. 

May it please your Excellency — 

Upon mature consideration of the subject matter of Col. Blanchard's 
Letter, The House is Humbly of the opinion that the sending men to 
Coos may oe deferred till the time of the Indians Hunting is over, when 
ten may be sufficient, but as by the House vote the matter is left intirely 
with your Excellency, the House consent when your Exc> r thinks it will 
[p. 459.] be best to send out that such Bounty and other encouragement 
for Inlisting ten Volunteers be offered as may best answer the end 
proposed. 

Sent up by Mr. March, (a) 

(a) Jour. C. & Ass. May f, 1751. His Excellency Laid before the 
House message to him of yesterday relating to the raising Volunteers to 
serch the country about Co-os on Connecticut river for a French fort 
supposed to be building there and asked the Council weither tkey con- 
curred in sentiments with the house to which the Council did agree & 
consent. 

The ace* of David Homey amounting to the sum of twelve 
Pounds eighteen shillings and three pence new Tenor be allowed 
and paid out of the money that is or shall be in the treasury. 
Sent up by Mr. Sanders. [Concurred.] 

Allowed of the ace* of Mr. Edmund Brown, the sum of three 
Pounds ten shillings new Ten r to be paid out of the money that is 
or shall be in the Treasury. Sent up y c 4 th by Mr. Sanders. 

The House adjournd till tomorrow morning nine o'clock by ol- 
der of the Speaker. 



288 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Saturday May 4 th 1754. 

Met according to adjournm*. 

The ace* of Daniel Pierce Es<j. amounting to the sum of four- 
toon Pounds ten shillings new Ten 1 allow'd to be paid out of the 
money that is or may be in the Treasury. Sent up by Mr. Sanders. 

Mr. Hunting Wentworth ace' that was allowed y e 8 th of ,Tan y 
last sent up this day by Mr. Sanders. [Concurred.] 

Upon reading and considering the Petition of James Studley 
jun & Kath 1 Doe Voted that there be allowed and paid out of the 
money that is or may be in the Treasury unto the Petitioners the 
sum of Thirty Pounds new Teiv in tall for all and any demands 
[p. 460.] they may have on this Province on ace 1 of the vessel 
mentioned in s' 1 Petition or anything relative thereto. Sent up by 
Mr. Knight. [Concurred.] 

Upon reading the Petition of Joshua Prescutt Voted that it be 
dismis'd. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Monday next 
ten of the clock in the forenoon, and accordingly adjourned the 
same. 



Monday May 6 th 1 754. (a) 

Met [and adjourned till 3, P. M.] 

The Secretary bro't into the House the Report of the Commit 
tee appointed the lirst Instant relating to the purchasing a Provin- 
cial House for the Governor to live in — as on file. 

(a) Jour. C. & Ass. May G, 1754. Upon reading the votes of the 
House of the 80 th of April Last and 2 a Instant relateiDg to an Interview 
with the Eastern Indians at Casco bay his Excellency Put the following 
Question to his Maj ,vs Council viz. Weither it is not an Infringement on 
the Prerogative for the Assembly to appoint Comissioners for the above 
Interview. 

To which the Council answered They did not think the Assembly had 
any Inherent right to the appointment of such Comissioners, but that 
they found it had been long the custom at such Interviews for the Lower 
House to nominate by vote some Persons to joyn with such as should be 
appointed by the Council and who have always concurrd such votes and 
joyncd a Comittee With respect to the votes above mentioned the 
Council think that in obedience to the Direction in the letter from 
the Right Hon blt! the Lords Comissioners for Trade and Plantations to 
your Excellency, they were obleidged to concurr the said votes of the 
House rcferrd to that his Majesties Gracious Intentions therein signified 
might not be frustrated. 

The House adjournd till tomorrow morning nine o'clock. 



1754.] JOURNAL OF THE HOUSE. 289 

Tuesday May 7 th 1754. 

Voted, That if the Brick House & Land mentioned in the Re- 
port of the Oom tee of y e 26 th of Ap r 1754 for looking out a 
House for the Gov 1 ' to live in may be purchased for the sum of 
Two thousand Pounds new Ten 1- & a good title can be made to it 
[p. 461.] and a proper way found out for raising money to pay for 
it, that the same be purchased for a Provincial House & that the 
Com tec appointed by the vote of y e 17 th of Aprill afores d be and 
hereby are authorized and Impowerd to treat with the owners 
thereof to enquire if they w T ill take the sum of two thousand 
Pounds new Ten r for the same, it having been suggested to the 
House that they would, & if they will, to enquire into the Title 
thereof and make Report to the Gen 1 Assembly as soon as may be. 
Sent up by Mr. Page. 

The Secretary bro't into the House the act for the appointment 
of Petit Jurors and also the act for the appointment of Grand Ju- 
rors, and said the Council did not like them as they now were, 
but if the House would pass them with a suspending clause the 
Council would concurr them. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment, The House taking under con- 
sideration the message from the Council in the forenoon relating 
to the act for appointing of petit Jurors and also of grand Jurors, 
are of opinion that they be sent back to the Council desiring that 
they may be past as they now are, — and accordingly sent a verbal 
message relative thereto by Messrs. Bell & Knight with the s d 
acts. 

Whereas this House is of opinion that it is of the utmost conse- 
quence and Importance that the vote of this House of the nine 
teenth day April 1754 relative to the annuitys already purchased 
[p. 462.] or that may be purchased by John Thomlinson, Esq. a- 
gent for this Province"at the Court of Great Britain by the moneys 
belonging to this Government, should as soon as possible be fin- 
ished here and an authenticated copy thereof sent over unto the 
s d agent, which vote the House is inform'd is concurrd by the 
Council — Therefore Voted, that the following Message be sent un- 
to his Excellency, Namely, That his Excellency be most earnestly 
desired to assent unto the said vote. Sent up by Mr. Knight & 
Mr. Stevens. 

The Secretary Bro't into the House a message from his Excel- 
lency, as on file, in anwser to the message of this House this after- 
noon relating to the vote of this House of the 17th of April 



290 PROVINCE OF NEW-HAMPSHIRE. [1754. 

last concerning y c annuitys purchased or y* may be purchased by 
the moneys in his hands belonging to this Province. 

Message of the Governor. 

[Copied from MS. Gov™ Messages, Vol. II, p. 135.] 
Mr. Speaker & 
Gentlemen of the Assembly 

The Vote of the House referred to in your Message this afternoon of the 
19th of April past, respecting appointing Trustees for the Louisbourg & 
Canada money, you must excuse me from consenting to at present (al- 
though it has been concurred by his Majesties Council) until I have his 
Majestys approbation of what I have already consented to, in regard to 
placing that money where it is, & from the revenue of which the Pro- 
vince is reaping an advantage. 

B. Went worth. 
Council Chamber in 
Portsm May 7 th 1754. 

Whereas it is judged expedient that the following acts should 
be printed, viz. The act for Regulating and Repairing of fences 
between Improved lands, pass'd the 28 th of Sept. 1743, The act 
against Lotterys, That for Regulating y e Militia, That against 
Gaming and that ag st Riots, Therefore Voted that the Same be 
printed at the cost of the Province and that Eleazer Russell Esq. 
be and hereby is desir'd to get the same printed, and furnish the 
Gen 1 Assembly with one hundred of each, to be disposed of as 
they shall think proper, and that he be allowd for the same the 
[r. 463.] sum of Twenty Pounds new Ten r . to be paid him out of 
the money that is or shall be in y° Treasury — The Secretary fur 
nishing him with copys thereof at the cost of the Province. 
Sent up by Messrs Page cv; Sanders [Concurred.] 
The House adjournd till tomorrow morning nine of the clock by 
order of the Speak r . 



Wednesday May 8 th 1754. 

Met according to adjournment. 

Voted That the Committee already appointed by the General 
Assembly to correspond with John Thomlinson Esq. for this Prov- 
ince at the Court of Great Britain be and hereby are desired, au- 
thorized and impowered to write unto the said John Thomlinson 
Esq. to desire that he will use his utmost endeavours to get two 
acts, viz. An act relating to the appointment of Petit Jurors 
and an act for the appointment of Grand Jurors lately passed by 
the Gen 1 Assembly of this Province, with a suspending clause, al- 
lowed and approved of By his most excellent Majesty. Sent up 
by Mr. Knight. [Concurred.] 

The Secretary brought into the House a letter from Coll. J. 
Blanchard Esq. (1) relating to the suppos'd fort building by the 

(1) Coll. Blanchard's letter cannot now be found. — Kd. 



1754.] JOURNAL OF THE HOUSE. 291 

French at Coos and said that if y e the House had any thing to say 
relative thereto more than they had said, the Gov r desired they 
would do it. Sent up by Mr. Knight. 

Mem . The Bill of Lading and Invoice of Goods sent to New- 
York for the six Nations by this Governm* in y e year 1747, deliv- 
[p. 464.] ered to Mr. Henry Sherburne jun, by order of the House. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen 1 Assembly till Tuesday the 16 th 
day of July next, ten of the clock in the forenoon and according- 
ly adjourn'd the same. 



Letter from Gov r Shirley to Goif "Wentworth. 
[Copied from Pro v. Rec, Book I, p. 273.] 

Boston June 3 d 1754. 
Sir— 

I am to acknowledge to receipt of your Excell s letter in which you ac- 
quaint me of the Hostilities lately committed by some Indians within your 
Governm* ; and have now to communicate to your ExcelU' the following 
paragraph of a letter w cl1 1 received this morning from the Captain of Rich- 
mond fort upon Kennebeck River, viz. "Pessequeent one of the most lead- 
ing Indians of the Norrigewalk tribe attended with three others, two of 
a w ch we re of the Penobscott tribe, and the other of Norridgewalk, cam to 
"this foit, and gave the following ace 1 and said that they saw four Canada 
"Indians which were chief men of the Worenock Tribe, andy' those four 
' ' chiefs delivered me (the Captain of the Fort) tbe following message, viz. y fc 
"Canghnwage, Assegunticook and Worenock three sundry tribes of In- 
"dians desir'd the English to take care of themselves, for that they had 
"not forgott how the English had serv'd two of their countrymen about a year 
i( ago near Connecticut river, said said they are now going to pay themselves 
"for the loss of the above two Indians, near a place calVd by the natives 
" Capuhchewack, where the Indians say there is a fort built, and some settlem t 
"lately begun by the English on Connecticut Biver." This letter is dated 
May 24. 

I propose to set out for Falmouth, where I shall be glad of meeting 
your Exc^ ab* the 13 th Instant. Colonel Mascarene will go with me as 
from the Gov* of Nova Scotia. 

I must 4ntreat your Excels if Mr. Dummer's Treaty with the Indians in 
1724 is not yet return'cl by Col. Atkinson, y* you would be pleas'd without 
fail to let me have it by the return of the Post. 

I am with great esteem, Sir 
your Excy s most humble and 
most obedient serv* 
His Excy. Gov. Wentworth. W. Shirley. 



Tuesday July 16 th 1754. 

A number of the House met, but not sufficient to make a house, 
[and adjourned by order of the Governor, till Tuesday the 23 d 
inst, 3 o'clock P. M.] 

The Secretary, [then] bro't into the House a written message 



292 PROVINCE OF NEW-HAMPSHIRE. [1754'. 

from his Excellency and the Papers relating to y e Interview with 
the Indians at Albany & Casco Bay, and said that after the House 
[p. 465.] had perused the Interviews the Gov 1 ' would have them 
lodg'd in the Secretary's office. The House adjournd till tomor- 
row morning nine of y e clock, by order of the Speaker. 



Governor s Message. 

[Copied from, MS. Gov 1 '* Messages, Vol. II, p. 139.] 

Gri ntlemen of the Council 
it of the Assembly. 

1 have directed the Secretary to lay before both Houses, the transac- 
tions of the General Conga-ess held at Albany, also the Submission of the 
Norridgwalk & Penobscot Indians, at an Interview held at Falmouth by 
Governor Shirley, that you may acquaint yourselves with what passed at 
both interviews ; when you have fully perused them, I must desire that 
the whole may be lodg'd in the Secretary's office, 



Council Chamber in 
Portsmouth, July 23 d 1754. 



B. Wentworth. 



Copy of the Treaty of Peace with the Penolscot Indians, 

July 6, 1754. 

[Copied from MS. Corr. Vol. II. p. 115.] 

We the subscribers being the chief men of the Penobscot Tribe, having 
heard the Submission and Agreement of the Eastern Indians, viz. the 
Penobscots, St. John's, Cape Sables, and other Tribes Inhabiting within 
his Majesty's Territories of New England and Nova Scotia, who were en- 
gaged in the War in the years 1723 and 1721, which was made and conclu- 
ded at Boston, the fifteenth day of December 1725, between the IIon oble 
William Dummer Esq. then Lieutenant Governour and commander in 
chief of the Province of the Massachusetts Bay and John Wentworth, 
Esq. Lieutenant Governour and commander in chief of the Province of 
New Hampshire, and Paul Mascarene Esq. appointed by Laurence Arm- 
strong Esq. Lieutenant Governour & Commander in chief of the Province 
ol' Nova Scotia or Arcadia of the one part, and the aforesaid Eastern 
Indians of the other part : Also the Submission and Agreement of the 
Eastern Indians, viz. The Penobscots, Norridgewalks, Arsegunticooks 
and Weeweenocks math' & Concluded at Falmouth in Casco Bay on the 
sixteenth day of October 1749, between Thomas Hutchinson, John Choate, 
Israel Williams and James Otis, Esqrs.' Commission 18 appointed by the 
Hon ble Spencer Phips, Esq. Lieutenant Governour & Commander in chief 
Of the Province of the .Massachusetts bay aforesaid, and Theodore Atkin- 
son and John Downing, Esq 1 " 8 . Commissioners appointed by the lIon hln 
Benning Wentworth. Esq. Governour and commander in chief of his 
Majesty's Province of New Hampshire of the one part, and the aforesaid 
Eastern Indians of the other part, distinctly and deliberately read over 
and Interpreted to us : Do, by these presents in a publick and solemn 
manner, as well for ourselves, as for all the rest of our Tribes by whom 
we are Delegated and fully impowered for that purpose. Ratify and Con- 



1754.] 



JOURNAL OF THE HOUSE. 



293 



firm all and singular the articles contained in the aforementioned Sub- 
mission and Agreements ; and agree that the same and each of them 
shall be and remain in full force, efficacy and Power to all intents and 
purposes whatsoever. 

Done and concluded at Falmouth in Casco Bay, before his Excellency 
"William Shirley Esq. Governour and commander in chief in and over 
his Majesty's Province of the Massachusetts Bay in New England afore- 
said, and his Majesty's Council of said Province, The Hon ble Paul 
Mascarene, Esq. Commissioner from the Province of Nova Scotia, The 
Hon ble Daniel Warner, Esq. Peter Gilman and Clement March, Esq. 
Commissioners from the Province of New Hampshire, and the several 
Gentlemen that subscribe their Names as Witnesses hereto. 

Witness our hands and Seals this sixth day of July, in the twenty 
eighth year of the Reign of our Sovereign Lord George the Second, fey 
the Grace of God of Great Britain France and Ireland King, Defender of 
the Faith, &c. Anno Dom. 1754. 

Ausong — his mark and Seal 
Nooduit — his mark and Seal 
Baparemit — his mark and Seal 
Tersock — his mark and Seal 
Ahenquid, his mark and Seal 
Macque alias Michael, his mark and Seal. 
Espegueant, his mark and Seal 
Saukees, his mark and Seal 
Espeguserat, his mark atid Seal 
Sooseph, his mark and Seal 
Pierre, his mark and Seal 
Arexes, his mark and Seal 

Witnesses present 

Thomas Hubbard 
Wm. Brattle 
Ezra Richmond 
Tlio* Clap 
Samuel Livermore 
Wm. Bowdoin 
John Storer 
Edward Milliken 
Job Lewis 
Charles Brockwell 
Samuel Moody 
Wm. Sever 
Fran 8 Wells jun. 
Wm. Lithgow 
Moses Pierson 
John Ernest Knockel 
Ezekiel Price. 

Note by the Editor. 
No papers are found in the Secretary's office relating to the Interview 
with the Indians at Albany but •' the Proceedings of the Colonial Con- 
gress" held there, from June 19 th , to July 11 th 1754, are fully reported 
and contained in Vol. VI. pp. 853—892, of Documents relating to Colonial 
History of New York, — which see in State Librarv of New Hampshire. — 
Ed. 



294 PROVINCE OF NEW- HAMPSHIRE. [1754. 

Wednesday July 24 th 1754. 

Met according to adjournment. The Secretary brought into 
the House y° Petition of Jeremiah Clough, William Miles &c. 
Also the Petition of Jonathan Palmer. 

The House adjourad till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according to adjournment — [and adjourned till] 

Thursday July 25 th 1754. 

Upon reading the Petition of Jeremiah Clough William Miles 
&c. Voted that it be dismiss'd. 

Upon reading the Petition of Jonathan Palmer Voted, That the 
Petitioner be heard on the said Petition on the third day of the 
sitting of the General Assembly next after the first day of Octo- 
ber next and that the Petitioner at his own cost serve the Select- 
men of Northampton with a copy of the s d Petition and of the or 
ders thereon, that they may shew cause, (if any they have) why the 
Prayer of the Petition should not be granted. Sent up by Mr. 
Knight. 

[p. 466. j Mr. Secretary brought into the House the Petition of 
James Marden and Joses Philbrook, Selectmen of Rye, the Peti- 
tion of Thomas Simpson of Nottingham, and the Petition of Na- 
than Hale, Esq. of Newb y . Also the Petition of Clem 1 March, 
Esq. &c. agents for the Proprietors of Bow. 

Whereas Clement March, Esq. Daniel Pierce Esq. and Mr. Zeb- 
ulon Gidding, as agents for the Proprietors of Bow have Peti- 
tition'd the Gen 1 Assembly of this Province to lend them the sum 
of one hundred pounds sterling money, to enable them to carry on 
a suit before his Majesty in Council, now depending there between 
one Merril and the s d Proprietors, (1) and signified in their Peti- 
tion that they are ready to give such security for the Repayment 
thereof as the Gen 1 Assembly shall please to order: — 

Therefore Voted That Theodore Atkinson, Richard Wibird and 
Meshech Weare Esqrs. and Mr. Henry Sherbern, jun r . be and 
hereby are appointed a Com tec they or the major part of them to 
draw a Bill in favor of the Petitioners on John Thomlinson Esq. 
agent for this Province at the Court of Great Britain for the sum 
of one hundred Pounds sterling of the Interest in the hands of 
the said John Thomlinson, Esq. belonging to this Government, and 
that the said Clem' March, Daniel Pierce and Zebulon Giddinge 
[p. 467.] give security unto the s d Com tee for the payment of the sum 
of three hundred Pounds Bills of Credit new Ten r on this Province 
within one year from the date of s d Bill to be by them drawn as 
afores' 1 with six pr cent Interest in like Bills and that the s d Com- 

(I) Sec Bouton's Hist, of Coucord, pp. 208—225. 



1754.] JOURNAL OF THE HOUSE. 295 

mittee put the s d Principal and Interest, when rec d , into the Treas- 
ury of this Province (taking a Receipt for the same) and that the 
same be burnt to ashes in the face of the Gen 1 Assembly in order to 
sink so much of the Bills of Credit of this Province emitted for carry- 
ing on the Intended Expedition against Canada. Sent up by Esq. 
Macmurphy. [Concurred.] 

Upon reading the Petition of Joses Philbrick and others, Voted 
that it be dismist. 

Upon reading the Petition of Tho s Simpson, Voted that it be 
dismiss'd. 

Upon reading the Petition of Nathan Hale, Esq. (a) Voted that 
the Petitioner have liberty to bring in a Gen 1 Bill, having a clause 
or Paragraph therein, which may answer the prayer of the Peti 
tion r . Sent up by Mr. Hale. 

(a) "Praying an Act might be passed Enabling the said Hale to revive 
an action of Ejectment against the Executors of Obadiah Perry which 
was discontinued at his Majty** Superior Court of Judicature in August 
last by reason of the death of the said Obadiah, while the s d action was 
Depending." Jour. C. & Ass. July 25, 1754. 

The Secretary came into the House and said he was directed by 
his Excellency to Prorouge the Gen 1 Assembly till the twenty 
[p. 468.] ninth day of October next and accordingly in his Majes- 
ty's name prorogued the same. 



Note. 
Before the day of the General Assembly's sitting on the twenty-ninth of 
October, 1754, to which it stood prorogued, it was by Proclamation fur- 
ther prorogued to the twenty-sixth day of Novem r 1754. Then Met and 
Adjourned till Wednesday, Nov. 27 th 1754; again adjourned to Dec. 3 d , 
and again to Dec 1 " 4 th . 1754. In the mean time, however a Special Con- 
vention of the General Assembly was called, at which important busi- 
ness was transacted. 

SPECIAL CONVENTION. 

[Copied from MS. Corr. Vol. II, p. 119.] 
Province of New Hampsh 1- . 

At a Special Convention of the General Assembly at Ports- 
mouth in the Province of New Hampshire the 21 st day of Aug 1 
1754, in Pursuance of an order from his Excellency the Governor 
to the Sheriff of s d Province to summon the members to meet — 
as on file — 



296 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Present. 

The Hon ble Meshech Weare Esq. Tho 8 . Bell, Esq. 

Tho 8 Millet, Esq. Capt. Israel Giiman 

Maj r Tho 8 Davis, Richard Jenness. Esq. 

Capt. John Wentworth Mr. John Knight 

Peter Giiman, Esq. Mr. John Tuck 

Mr. Zeb. Gidding Mr. Joseph Philbrick 

Mr. Benj a Si evens Mr. Henry Sherburn j.un. 

Mr. Tho 8 Wiggins. Elea r Russell Esq. 

Clement March Esq. Matthew Livermore. 

Members of his Majesty s Council who attended the fecial Con- 
vention. 

Henry Sherburne Samuel Smith 

Theodore Atkinson Sampson Sheaffe 

Jno. Downing Daniel Warner 

Rich' 1 Wibird Joseph Newmarch. 

1 me Secretary bro't into the House a message from his Excel- 
lency — as on file — and three letters relative to the mischief done by 
the Indians at Baker's Town(l) so called, and said the Gov r tho't it 
best for the members of the Council and of the House of Repre- 
sentatives to confer together upon this occasion as it might have a 
tendency to expedite and facilitate the affairs now to be con- 
sidered of. 

Governor s Message. 

[Copied from MS. Gov ,s messages, Vol. II, p. Ho. J 

Upon a special Convention at Portsmouth, August 21 st 1754. 
Gentlemen of the Council 
and of the Assembly 

The distressed state of his Majesty's Subjects on the frontiers, more- 
particularly the repeated Ilostilitys committed by the Indians at a place 
called Stevens Town, demand your closest attention and speedy assist- 
ance ; the accounts 1 have had from thence the Secretary will lay before 
you. 

By the advice of his Majesty's Council I have afforded the distressed 
people for their present security, a detachment from the regiment of Coll'* 
Downing, of fifty horse, which detachment I have an account moved yes- 
terday morning and to relieve the horse, I have directed Coll" Blanchard 
by Express, to Inlist or Impress fifty men out of his regiment, but as it 
■was not in my power to engage pay & subsistance for want of a proper 
fund for that service in the Treasury, I am doubtfull whether the foot 
will be prevailed upon to inarch. 

As Captain General I am invested with power to assemble the Military 
force within my Government upon many occasions, but neither horse nor 

(1) This was the place, now Franklin, where tho (wo Indians. Sabbatis and Plausa- 
wa, were murdered the year before by Bo wen: called Baker's town as originally 
granted by Massachusetts, but as afterwards granted by the Masonian proprietors 
called SI (-rem town. lVoni Bbenezer Steven.- one of the original grantees from Kingston, 
N. II.— Kl). 



1754.] SPECIAL CONVENTION. 297 

foot can be sent under arms more than twenty-hours, or perform remote 

marches, unless they are paid & subsisted. 

I have not been wanting- in my duty in a point so essential to the well- 
being- of all Governments, to press the Assembly from time to time to 
make this salutary provision for the defence & safety of the frontiers, by 
placing requisite sums of money in the Treasury to be used only on 
Emergency s & unforeseen exigencys, but hitherto I have not succeeded 
therein, which makes a great defect in the administrations of Govern- 
ment. 

In this season, I am now under a necessity of convening the members 
of the General Assembly at this unseasonable time and to call upon you 
for your advice and assistance, in what manner I shall afford protection 
to the exposed frontiers, both with respect to the number of troops and 
the method of paying and subsisting them. 

After you have deliberated on the important occasion of your Conven- 
tion, and have agreed upon your advice, I hope you will think it proper 
to have it signed by the Secretary in behalf of his Majesty's Council & 
by the Speaker in behalf of the Assembly, engaging to perfect what is 
wanting, at the next meeting of the General Assembly, which will give 
weight to your advice. 

B. Went worth. 
Portsmouth, 21 st Aug* 1754:. 



Governor s Letter. 



[Copied from MS. Gov 18 Messages, p. 141.] 

Little Harbour, 21^ Aug^ 175k, 
Sir — It was my intention to have been at the Convention tins day, but 
upon the method I have put the business to be transacted at this Conven- 
tion I shall have no part to bear in it, so shall only rel} r on the advice I 
receive & I think it will be safest to have it done in the manner I have 
mentioned in the enclosed message. One hundred men with pay & sub- 
sistance is the lest they can advise to, for two months if needfull. 

I have desir'd Mr. Livermore to call on you to whom you are to shew 
my message & if you & he agree on any alteration or addition for the pub- 
lic service you are to make it. 

I must see the Sneaker on account of the Court before he goes out of 
Town. 

I am, Sir, your hum ble serv 1 . 

B . Went wo i jth . 

I have mentioned to Mr. Livermore the propriety of Councils sitting 
together on this occasion, as it will certainly shorten the work & possibly 
may be the cause of making better work. 

B. W. 

As yon are to read my message to the Council & Assembly it will not 
be improper to remain together on this occasion. 

[Probably written to Secy Atkinson.] 

The House sent a message by Doc 1 March to the Council to ad- 
vise y m that they were ready to confer with them. 

Upon which there was a Conference between the Council and 
the members of the House, after which the members adjourned 
till to morrow morning nine of the Clock. (a) 



298 PROVINCE OF NEW-HAMPSHIRE. [1754. 

(a) Jour, of C. Ass™. Aug. 21 & 22 d 1754. A conference was held in the 
Assembly Chamber and the method of Proceeding Discoursed of, and 
agreed to meet again on the morrow. 

Accordingly the Council met again on Thursday the 22 d Instant as En- 
tered yesterday and proposed that a member of Each house wait upon his 
Excellency & confer with him about the premises, P. M. 



Thursday, Aug 1 22 d 1754. 

The members met agreeable to adjoumm* 

Present 
The Hon ble Meshech Weare, Esq. John Macmurphy Esq 

Capt. Tho 8 Millet, Esq. Mr Jno. Knight 

Maj r Tho 8 Davis Mr. Jno Tuck 

Capt. John Wentworth Mr. Joseph Philbrick 

Mr. Zeb. Gidding H. Sherburn, jim. Esq. 

Capt. Israel Oilman Eleazer Russell Esq. 

Mr. Benj. Stevens Matthew Livermore 

Mr. Tho 8 Wiggin Rich d Jenness Esq. 

Peter Gilman, Esq. Mr. Joseph Thomas 

Doc r Clem 1 March. Mr. Jon a Lovewell 

Mem . John Macmurphy Esq. came to Town yesterday after the 
Convention broke up. 



[The following Paper was copied from MS. Papers in Sec vs office, labeled 
"Towns," Vol. VI. p. 195.] 

Province of ") 
New Hamp r j 
At a special Convention of the members of the Gen 1 Assembly at 
Portsmouth on y e 22 d day of Aug 1 1754 in Pursuance of an or- 
der from his Excellency the Governor to the Sheriff of s d Prov 
ince to summon the members to meet, as on file : 

Whereas his Excellency the Governor by his message of the 
twenty-first Instant takes notice of sundry Hostilitys committed 
on sundry of his Majestys subjects at a place called Stevens-Town 
within this Province by Indians (supposed to be of the St. Francis In- 
dians) and that the Inhabitants on the Frontiers are much exposed 
and so put in fear that they stand in need of protection and help — 
Therefore it is agreed upon by the members of the House of Rep- 
resentatives that there be the number of sixty men enlisted or Im- I 
pressed (and his Excellency is hereby desired to give orders for I 
the enlist^' or Impress" y* number) for the protection and defence i 
of the Frontiers, not exceeding the space of two months, and that 
tbe allowance for their pay, subsistence and ammunition be the j 
game as at the latter end of the last Indian war, and in order for a 



1754. J SPECIAL CONVENTION. 299 

fund, therefor, it is further agreed that there be so much of the 
Bills of Credit of y e Interest of the Twenty five Thousand 
Pounds Loan in the hands of the Treasurer, borrowed as will be 
sufficient for the same ; and that for the replacing the same in the 
Treasury it is further agreed, that there be a tax laid on the Polls 
and estates within this Province agreeable to the last proportion, 
to be paid by the 30 th day of Decemb r 1755, and that there shall 
be a tax Bill for that end as soon as the Gen 1 . Assembly shall be 
in a condition to act in a legislative capacity. (a) 

Meshech Weare, Speaker. 

(a) Joun. Coun. Aug. 22 d . Mr. Macmurphy from the House bro'tup to the 
board an agreement made by the members of Assembly, and acquainted 
the Board that y e members desired the Council would Peruse the same 
and if approved of to send it back to the members that the speaker might 
sign the same in behalf of the members — which was read and approved 
of & sent down & returned by Mr. Macmurphy again, signed by the Speaker, 
which being read again at the board was concurred, and the Secretary 
ordered to sign the same. 

Then the Convention broke up. 

The House having considered of the matters laid before them 
by his Excellency the Convention broke up. (1) 



Note. 
[A second special Convention was called and held at Portsmouth on the 
6 th day of September 1754.— Ed.] 

[Copied from MS. Corr. Vol. II, p. 137.] 
Province of New Hamp r . 

At a Special Convention of the Gen 1 Assembly at Portsmouth 
in the Province of New Hampshire on Fryday y e 6 th day of Sep 1 
1754, in pursuance of an order from his Excellency to the Secre- 
tary, and from him to the Sheriff to Notify the members of 
Assembly to convene at Portsmouth at twelve o'clock this day up- 
on extraordinary affairs as pr Certificate from the Secretary, as on 
file: 

Present 
The Hon blc Meshech Weare, Esq. John Page Esq r . 
Capt. Thos. Millet, Esq. John Macmurphy Esq. 

Maj. Thos. Davis Clem'. March, Esq. 

Capt. John Wentworth Mr. Jno. Knight 

Peter Gilman Esq. Thos. Bell, Esq. 

Mr. Zebulon Gidding Mr. Jona. Tuck 

Capt. Israel Gilman Eleaz r Russell, Esq. 

Matthew Livermore Eiclv 4 Jennes Esq. 

Henry Sherburne, jun. Esq. 

(1) The three letters referred to in his Excellency's message have not been found; 
but the facts embraced in them are contained, probably, in Council Records, pp. 25-28 
of this volume; (also see Journal of the House.) The reader is also referred toaBel- 
knap's History of N. H., (Farm. Ed.) Vol. I., p. 311. 



300 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Message of the Governor. 

[Copied from MS. Gov" Messages, Vol. II. p. 145.] 

At a Special Convention at 
Portsmouth, Sep 1 . G th 1754. 
Gentlemen of the 

Council & Assembly — 

It was advised, at the late Special Convention of the members of the 
General Assembly that provision should be made for Sixty men for the 
safety & protection of the Frontiers, & I was then hoping that provision 
would have answered all occasions, but the depredations & hostilitys 
committed by the Indians since on the Western frontiers of this Govern- 
ment on & near Connecticut river & in the western frontier of the Massa- 
chusetts Bay, as you will be fully informed by the Tapers which the Sec- ' 
retary will deliver to you, together with the applications from diverse i 
parts of the Government for succor & protection, which the Secretary 
likewise will lay before you, makes it necessary for me to convene you at J 
this time, for your further advice & assistance, more especially as his 
Majesty's Council has advised to it, in a particular manner, as the only 
expedient to enable me to afford such assistance as the distress'd & ex- J 
posed situation of the frontiers at present calls for. 

The hostile appearance of the Indians in so man}- of his Majesty's Gov- j 
ernments, and in such numerous partys, is unusual even in time of war j 
& the revenge they pretended to seek for the loss of two of the St. Fran- I 
cis tribe plainly show the artfull design of the French, and that these j 
repeated hostilities did not arise from that supposed murther, but from 
the views the French have in setting Boundarys to all his Majesty's Gov- 
ernments & that the Indians are to be the Instruments to carry this de- 
sign into execution unless they can be restrained. 

Upon these heads I have wrote pressing!}' to Governor Shirley setting 
forth the necessity of adviseing together in a matter of such importance 
to the crown — not doubting of your support & assistance, when I meet 
you in General Assembly to enable me to Execute effectually an}' meas- 
ures that we shall agree upon to render the designs of the French 
abortive. 



B. "Wentwoktii. 



Council Chamber in 
Portsmouth, Sept. 6 th 1754. 



Saturday, Sep*. 7'", 1754. 

Present, [as before, except Peter Oilman, Esq.] 

Whereas his Excellency the Governor by his message of (lie 
sixth Instant mentions the appearance of a great number of In- 
dians in sundry places within this Government as well as in some 
of his Majesty's oilier Governm ts in a hostile manner and that sun 
dry Hostilitys and depredations have lately been committed by 
them in the western parts, and laid before the House sundry let 
ters from Diverse places relative thereto, and it appearing that 
there is a necessity of a further supply of men for the protection 
and Defence of the Frontiers, Therefore it is agreed upon by the 
members of this House of Representatives, that there be tli< 
number of Fifty men enlisted or Impressed (and his Excellence 
is hereby desired to give orders for tin 1 enlisting or Impressing] 
that number for the Protection and Defence of the Frontiers i 



. 



1754.] 



DEPOSITIONS. 301 



he shall judge it necessary) not exceeding the space of six weeks 
from this day and that the allowance for their Pay, subsistance 
and amunition be the same as at the latter end of the last Indian 
war; and for a fund for the Same It is further agreed that there be 
so much of the Interest of the Bills of Credit of y e Twenty-five 
Thousand Pounds Loan in the hands of the Treasurer borrowed, 
as will be sufficient therefor, and that for the Replacing the same 
in the Treasury, it is further agreed, That there be a Tax layd on 
the Polls and Estates within this Province agreeably to the last 
proportion to be paid by the thirtyeth day of Decemb r 1756, and 
that there shall be a Tax Bill for that end as soon as the General 
Assembly shall be in a condition to act in a Legislative capacity. 

Meshech Weave, Speaker. 
Province of New Hampshire — 

In Council September 7 th 1754 

The foregoing agreement of the members of Assembly being 
read in Council was agreed to & ordered that the Sec ry sign the 
same in their behalf. 

Theodore Atkinson, Sec y . 

The House having consider cl the matter laid before them by 
his Excellency, the Convention broke up. 



Note. 
[The extent of Indian hostilities about this time will appear from the 
following Documents & letters. — Ed.] 

Indian Troubles at jStevens-Town and Vicinity. 

[Copied from MS. Vol. in Sec'- vs office, labeled "Province and Revolu- 
tionary Papers," pp. 15-19.] 

James Lindsey of Canterbury in the Province of New Hamp- 
shire of Lawful age Testifies & says — That in May 1752 Sabbattis 
& Cristo two Canada Indians came to Canterbury aforesaid and 
after about eight Days Tarry went off — That the same evening af- 
ter his Negro man Tom (of the value of six hundred Pounds old 
i Tenor at the least) was captivated with a negro man belonging to 
Josiah Miles of Canterbury named Peer — 
That about three Days after Peer made his escape and Peturn'd, 
|who said That Sabbattis & Cristo took them — The Depon* after- 
wards was Informed That Sabbattis had sold the said Tom at 
Crown Point to the French — That some time in May 1753 said 
Sabbattis came to Canterbury aforesaid and after the Depon* had 
some conversation with him about his Robbing him of his neo;ro, 



302 PROVINCE OF NEW-HAMPSHIRE. '[1754. 

Sabbattis said that it was war with the St. Francis Tribe they had 
made no Peace, & the negro was Lawful Plunder — The Depon 1 
has not since received his negro nor had any satisfaction. 
Province of ) 
New Hampsh j" Canterbury May y e 21 st 

1754 after careful examina- 
tion & Due Caution to Testify the 
Truth the Said James Lindsey 
made Solemn Oath to the truth of 
the afore written Deposition before 
Joseph Bl an chard — 

Jus. of v e Peace. 



William Stark of a place called Starks Town in the Province 
of New Hampshire of Lawful age, Testifies & says That on the 
28 th Day of April 1752 he was in company with John Stark, Amos 
Eastman & David Stinson on a Branch of Pemigewasset River 
about eighteen miles from Steven's Town so called — That the same 
Day towards night the Indians captivated John Stark — 

That the next morning soon after Break of Day they captivated 
Amos Eastman and fird on the Deponent and David Stinson in a 
cannoe, kill'd the said David sealp'd & stript him, the fire miss'd 
the Deponent & he escaped and the Indians carried the said two 
captives away — That it was upwards of three months before the 
said captives Retum'd — The Plunder the Indians then took from 
the Deponent & his said company was of the value of Five hundred 
& sixty Pounds old Tenor at the least for which lie has received 
nothing. 

Province of New) 

Hampshire j Penicook May the 

23 d 1754 the afore 
named William Stark made 
Oath to the afore written 
Deposition before 

Joseph Blanch ard 
Just, of peace. 
A copy Exam 11 

P. William Parker Not* Pub. 



Lien. William Miles of Canterbury in the Province of New 
Hampshire of Lawfuil age Testifies & says — That sometime in 
May 1752 a Canada Indian named Sabbattis came to Canterbury, 
in Conversation told the Depon 1 there was not a Peace made Be- 
tween the St. Francis Indians & the English, tho' for his own part 
pretended friendship. That a few days after at Canterbury a 



1754.] DEPOSITIONS. 303 

Negro man named Peer a slave of Josiah Miles's and another 
Named Tom Belonging to James Lindsay both of Canterbury were 
Captivated. After a few days Peer made his escape *got home, & 
said Sabbattis & Cristo took them — Tom is not returned to this 
Day— 

That afterwards in May 1753 the said Sabbattis came to Canter- 
bury again with an Indian Named Plausaway of the St Francis 
Tribe — Sabbattis then told the Deponent with menacing words 
and Gestures that he took the aforesaid two Negroes & had sold 
Tom to the French for three hundred Livres at Crown Point and 
Justified his Right in taking them. 

Province of New) 

Hampshire j Canterbury May 21 st 1754 the 

above named William Miles 
made oath to the truth of 
afore written Deposition 
before — 
Joseph Blanchard, Just, of Peace. 



William Emery of Contoocook in the Province of New Hamp- 
shire of Lawful age — Testifies & says — That on the Tenth Day of 
May 1754 his wife being 111 and People afraid to tarry to take care 
of her there being an Out-house moved her into Town with the rest 
of his family about five miles — the next morning he Returned to 
his House & found it Plundered, what of his Goods was not car- 
ried off was spoilt, of the value and to his Damage Two hundred 
Pounds old Tenor at the Least and the same time found Nath 1 
Maloons Horse tyed by his said House which Maloon his wife Ra- 
chel his two Daughters Rachel & Sarah & son Samuel were cap- 
tivated & carried away by the Indians and of clothing Bedding & 
Provisions of the value of two hundred & thirty Pounds old Ten- 
or at the least. 
Province of New)_ 

Hampshire j Contoocook May 22 d 1754 the above Named 

William Emery, made oath to the truth of the afore written Depo- 
sition before 

Joseph Blanchard Just, of Peace. 

A Copy Exam d 

William Parker, Not. Pub. 



Elizabeth Miles Wife to Josiah Miles of Canterbury in the 
Province of New Hampshire Testifies and says — That some time 
in the month of May 1752 two St Francis Indians (as they called 



_ 



'304 PROVINCE OF NEW-HAMPSHIRE. [1754. 

themselves) named Sabbattis & Cristo came to Canterbury. Sab- 
battis made his General Lodging at the said Josiah's House for 
eight or Ten Days & was Treated with all Possible Friendship & 
Courtesy. Notwithstanding the said Sabbattis often Discovered a 
Restless & Malicious Disposition & Several times (Her husband 
being absent) with Insulting threats put her in very great Fear. 
Constantly kept a long- knife Naked in his hand and on seeing any 
man come towards the House (of which he kept constant watch) 
arm'd himself — That the evening after he went away a Negro man 
of the said Josiah's was taken (named Peer) and another belonging 
to James Lindsey of Canterbury aforesaid Named Tom and carried 
away said Peer of the value of five hundred pounds old Tenor at 
the least. 

That the said Peer about three days after return'd pinion'd & 
Bound with Indian Lines and said that Sabbattis and Christo had 
taken them and that by accident lie made his Escape. 

That sometime in the month of May 1753 she was going to the 
field and an Indian (named Plansway) spoke to her behind a Fence 
and asked for her husband who was then at work close by, her 
husband enquired what company he had and he said Sabbattis he 
enquired what he came for or how he dare come (meaning Sabbat- 
tis) he evaded an answer, her husband Desired him to go into the 
house, (being vehemently suspicious they were design'd for Further 
mischief, where he kept him that night and urged the appearance 
of Sabbattis, Plansway said he was afraid that he or Lindsey would 
kil him for Stealing their negroes the year Before. 

That after assurance that if he made his appearance he should 
not be hurt Next day searching in the woods found him and after 
a parley he came in — 

The wife of James Lindsey a near neighbor, hearing the Indians 
was there came to the house (the Englishmen were all gone out to 
work) and finding Sabbattis there said Lindsey s wife urged his In- 
gratitude that after he had received so much kindness at their 
house to commit such a Villainous Act as to Rob her of her slave 
with some Few words more to the same Purpose Both the Indians 
immediately armed themselves with their guns Sabbattis with a 
Long knife and Plansway with a Hatchet and with a furious Ges- 
ture Insulted her holding the Hatchet over her head making at- 
tempts as if he would strike and told her if she said one word 
more about it he would split her brains out if he died for it the 
next minute — Sabbattis went out to her husband in the field and 
told him that if he ever see the said Lindseys wife any more lie 
would kill her be the event what it would (as her husband then 
told her) that the said Sabbattis insisted that the said Negro was 
Lawful! plunder the Deponent sold the said Indians two shirts an 
happened to see them when they shirted and there was next their 
skin Tyed a Number of Small Metump Lines not such as are usual- 
ly made for Tying Packs — a Collar of a Length about sufficient to 



1754.] DEPOSITIONS. • 205 

go around a Man's Neck and as she then apprehended was what is 
called Captive Lines — 

That the Deponent and her husband frequently seeing them 
uncommon Lines Asked what Business Sabbattis and he could have 
there as they had not brought their packs for trade — at length 
Flausway said he had a kinsman (named Sabbattis) who had at 
Cape Sable killed an Indian and that they agreed for his Redemp- 
tion (being held by them) to pay five hundred pounds or get an 
English slave. 

That Sabbattis being his Names sake offered to assist him in the 
redemption and said the Hunting was best this way That the 
Indian must be released by the money or other ways (by Sumer) 
or he must be put to Death. 

Province of New) 

Hampshire j Canterbury May 21 st 1754. 

The afore named Elizabeth Miles made oath to the afore written 
Deposition Before Joseph Blanchard Just, of Peace. 
A Copy examined by 

William Parker, Not. Pub. 



| fAmos Eastman of Pennicook and John Starke of Starkstown 
Both in the Province of New Hampshire of Lawfull age Testify 
and say — 

That on the 28 th Day of April 1752 they were in Company 
with William Starke of Starkstown and David Stinson of Lon- 
donderry on one of the Branches Pemmigawasset River about 
eighteen miles from Stevenstown, and that on the same day tow- 
ards night the Indians captivated the said John and the next 
morning soon after Break of day captivated the said Amo3 and 
fired on David Stinson & William Starke killed scalped and 
striped the said David and the said William made his escape and 
carry 'd. the Deponents both to Cannady who did not return till 
the sixth day of August then next — 

That the stuff the Indians then took from the Deponents and 
their company was of the value of Five hundred and sixty pounds 
at the Least (Old Tenor) for which they have had no Restitution — 

That the said Amos was sold to the French and for his Re- 
demption paid sixty dollars to his master Besides all his expence 
of getting home — 

That the said John Purchased his Redemption of the Indians 
for which he paid one hundred & three Dollars besides all his ex 
pences getting home — 

That there was ten Indians in company who captivated the 
Deponents and Lived in St. Francis — they often told the Depo- 
nants it was not peace One Francis Titigan was the chief of the 

20 



300 PROVINCE OF NEW-HAMPSHIRE. [1754. 

scout there was in their scout one Named Peer they called a young 
Sagamore that belonged to St. Francis — 

And the Deponents further say that In their Return from Can- 
ada they were at Crown Point a Negro man named Tom was 
there who told them that he was captivated at Canterbury that 
year by Sabbatis and Christo and that they sold him to a French- 
man at that Fort tor Four hundred Livers which sum Capt Phine- 
has Stevens and Mr. Wheelwright then offered for his Redemp- 
tion in order to return him to his master James Lindsay but the 
Frenchman his master refus'd his Liberty unless they would pay 
him six hundred Livers which they refused to Do — 
Province of New) 
Hampshire ) Pennicook May 23 d 1754. 

The above named Amos Eastman and John Starke made Oath 
to the truth of the aforewritten Deposition 

Before 

Joseph Blanchard Jus. of Peace. 
A Copy examined by William Parker, Not. Pub. 



yathaniel Maloon the son of Nathaniel Maloon of Stevenstown 
in New Hampshire aged about 14 years Testifies and says — 

That at Stevenstown aforesaid on the 11 th day of May 1754 in 
the morning before sunrise his Father set out Designing to go to 
Pennicook a place of about twenty miles distant whose road went 
by the house of Mr William Emery of Contoocook That the same 
morning about nine of the clock the Deponant was at work in his 
Fathers field and saw a number of Indians he thought ten or a 
dozen running to the house, and two took after the Deponant, but 
a thicket near was Quick out of sight and made his escape and hid 
not far off Sometime afterwards heard his Father call him sundry 
times — 

That after he supposed the Indians Drawn off, made his escape 
to Contoocook. 

Province of \ 

New IIamps rc j At Contoocook the 22 d of 

May 1754. 
The above named Nathaniel Maloon made solemn oath to the 
afore written Deposition — 

Before Joseph Blanchard Jus. of Peace. 



Ann Lindsey the wife of James Lindsey of Canterbury in the 
Province of New Hampshire Testifies and says — 

That a Negro man named Tom belonging to her husband at 



1754.] DEPOSITIONS. 307 

Canterbury aforesaid sometime in May 1752 was captivated by the 
Indians and carried away — 

That some time in May 1753 a French Indian named Sabbatis 
who captivated the said Tom came to Canterbury aforesaid to- 
whom the Deponant said, Sabbatis how could you thus Rob me of 
my Negro when I have always been as kind to you as a mother 
and done so many good things for you this many years. How can 
you have the Face to appear had you been in my Country (mean- 
ing Ireland) and had stole 13 d ^ you would have been hanged for it 
— on which Sabbatis and Plauseway an Indian of his Company 
Immediately Catch'd their. guns Sabbatis drew a Long Knife and 
Plauseway a Hatchet and held the Hatchet over the Deponanta 
head with a most Furious Gesture made attempts as if he would 
strike saying if you speak one word more (meaning the Deponent) 
111 split your Brains out and repeated the expressions many times 
with many other Insulting speeches — 
Province of ~| 
New PIamp r j Canterbury May 21 st 1754. 

The above named Ann Lindsey made Oath to the truth of the 
aforewritten Deposition — 

Before — Joseph Blanchard, Jus. of Peace. 
A Copy Exam ed by William Parker Not, Pub. 



John Flanders of Contoocook in the Province of New Hamp- 
shire of Lawful I age Testifys and says — 

That in May 1753 an Indian named Plauseway came to Contoo- 
cook aforesaid exulting and telling of his Frequent coming to that 
place in the war how many he had killed and taken Merrymack 
in the war — The Deponent told him that in the Fall he intended 
to Catch him some Beaver to make him a hat and asked Plauseway 
if he would hurt him if he see him who answer'd yes if he found 
him a hunting he would kill him and earnestly repeated it several 
times — 

And the Deponent further says That on the 11 th day of May 
1754 in the Forenoon at Contoocook aforesaid William Emery, 
came to the Body of the Town and Informed that somebody had 
that morning broke open his house taken many things and spoiled 
.others, a house his family had moved from the night Before all hi* 
Cloatbing (his Beds empty 'd and ticks cut to pieces) and suppos'd 
it to be Indians the Deponent and others Immediately went found 
the house strip'd & Plunder'd to the said Emery's Damage at least 
Two hundred Pounds old Tenor — 

That they proceeded to the house of Nathaniel Meloon in Stevens- 
town so called which was about six miles Farther and met with said' 
Meloon's Eldest son who gave account of the Indians that day 
captivating his Father and Mother and three children who return'd 



308 PROVINCE OF NEW-HAMPSHIRE. [1754. 

with the scout to his Fathers house where they Found it plunder'd 
and strip'd and by the best accts the Deponent could get of the 
things missing broke and Cutt to pieces was of the value and to 
Maloon's Damage at least two hundred and thirty pounds old 
Tenor. 

Province of ]_ 

New Hamp" j Contoocook May 22' 1 1754. 

The above named John Flanders made Oath to the truth of the 
afore written Deposition 

Before Joseph Blanchard, Just, Peace. 
A Copy Exam'd by William Parker, Not- Pub. 



To Ills Excellency JBenning Weiitworth Esq r Governor & 
Commander in Chief in & over his Majestys Province of New 
Hampshire. 

The Manorial of John Slinson of Londonderry in said Prov- 
ince Humbly Shews. 

That your Memorialist would Repeat his application and Re- 
monstrate to your Excellency That on the 29 th of April 1752 his 
son David Stinson was in the Kings Peace & about his Lawfull 
Business in this Province. That it was after a Peace concluded on 
& finished with the French King & all his subjects with the King 
of Great Britain and his subjects. 

That on the same 29 lh of April a Party of Indians who ac- 
knowledge themselves the subjects of the French King belonging 
to the St Francis Tribe without any manner of Provocation shot 
upon kill'd Scalp'd &.Strip'd your said Memorialists son David in 
a hostile Murderous & Wicked manner and Robbed him of his 
effects there in Company with three others of the value of Five 
Hundred & Sixty Pounds at the Least Old Tenor. 

And inasmuch as he is Informed that in a short time there's to 
be an Interview with the said Tribe your memorialist would most 
humbly address your Excellency, That the Actors in that Horrid 
Murder & Robbery may be bro't to Justice & Restitution made, 
cr that the Government on their Refusal may pay a Proper Re 
Fcntment for such Barbarous usage to one of their Fellow sub- 
jects and that our Lives & Estates may be better Secured for the 
Future. 

And your Memorialist as in Duty Bound shall ever pray. 

his 
JohnX Stensons 
mark 
A copy Exam d 

P. William Parker, Not. Pub. 



1754.] 



DEPOSITIONS. 309 



To His Excellency Benning Wentworth Esq. Governor and 
Commander in Chief in & over His Majesty's Province of New 
Hampshire. 

William Stark, John Stark, and Amos Eastman Inhabitants of 
the Province aforesaid would most Humbly Repeat their Remon- 
strance to your Excellency — That the Latter end of April 1752 
they were on one of the Branches of Pemigewasset River about 
Eighteen Miles from Stevens Town within the undoubted Limits 
of his Majesty's Dominions in New Hampshire in the Kings Peace 
& about their Lawful Business. 

That ten of the Indians belonging to the S* Francis Tribe cams 
there who they seasonably Discovered, gave them no offence but 
had it in their Power to destroy them — or Defeat their Enter- 
prise, but esteeming it a time of Peace with all the Indians who 
own themselves the subjects of the French King — Free from Ex- 
pectation of any Hostilities being committed against them peaea- 
bly applied themselves to their Business till ambushed by the In- 
dians who killed Scalp'd & Striped David Stinson one of their 
Company, Captivated the aforesaid John & Amos, & Shot at the 
said William who escaped carried the said Captives to Canada 
and at the same time took the Goods cvj effects of your memorial- 
ists and said David Stinson in Company of the Value of Five 
Hundred & sixty pounds at the least old Tenor. 

That it cost the said Amos & John One Hundred and three dol- 
lars for their Redemption besides all charges getting home & Loss 
of time. 

That they are Leige Subjects to the King & Done their part for 
the Protection of Government, and esteemed Themselves by the 
Laws and Intentions of this Province Restrained from making Re- 
prisals for their Satisfaction tho' it might happen in their Power 
from the same Tribe. 

They Humbly apprehend they have a Right of Restitution from 

and inasmuch as they are Infomi'd, that the said 

Tribe is to meet this Government in a short time at Casco Bay to 
Discuss some Points of Debate between that Tribe & this Govern- 
ment We Humbly hope the countenance and aid of this Province 
for our Redress & satisfaction for all Damages, from the Indians, 
out of the Treasury, or in some other justifiable way. 

Wherefore we most humbly address your Excellency that you 
will countenance & aid our Relief that Restitution may be made — 
and that our Lives Liberties & Estates for the Future may be De- 
fended against such unjustifiable Insults & Losses &> that we may 
share in the Liberties of Englishmen and your memorialists shall 
ever Pray 
May 21 st 'l754, 

William Stark 
Amos Eastman 
John Stark 

A Copy Exam d p. William Parker, Not. Pub. 



310 PEOVINCE OF NEW-HAMPSHIEE. [1754. 

Indian Hostilities. 

Letter from Elisha Chapin to Coll. Israel Williams. 

[Copied from MS. Corr. Vol. II. p. 123.] 

Fort Massachusetts, (1) August 29, 1754. 
SIR, 

Wo have the account of the Indians very different from what I wrote be- 
fore. There was not long since a number of Canada Mawquas Indians in 
*fc Albany and declared their Friendship to all this Country, and when 
they got back last Week to Crown Point they heard there was 150 of the 
Auroontooks and Annaugoun-goes was come away from Crown Point and 
they never met them on the Lake, two of them ran back to the Carrying 
f)lace and gave Mr. Vanderider a Belt of Wainpoon to show their Fidelity 
and the Truth that that arm}- was come down upon Sariatogo and Hoosuck 
nud our Newtown excepting 20 of the army they supposed was gone East 
to some part of New England. Last Tuesday I sent some men down to 
Hoosuck to get some meal, they could not all get grinding that day. I 
stayed till yesterday and there came to the Mill 4 or 5 Stockbridge Indians 
that came from Wooloomseock and told them they see no signs of any En- 
emy, but before they went away the Indians told them they must not 
Utay there, they told the Indians they must get Meal first, they said you go 
<juick and so went off for Stockbridge, the men came here safe, a Dutch- 
iiiiu that brought his Family to the Fort was agoing to the Mill and de- 
signed to be at the Fort last night, lef two Boys in the Field the Boys saw 
a. House on fire not far off and made to the Fort and found one of their 
Neighbors and told him they saw a House on Fire, he went on the Hills 
*m\ saw the Smoaks arise aiinost all over the Town, and that Dutchman 
that went to the Mill is not come, we have great licason to think is fell 
into the Indians hands, and many more poor people that ly in the Woods 
la the night and go into the field in the day that we hear nothing off. I 
sent a scout this moruing to see what they can find as private as they can. 
Thi- is the dircctest account I can get at present. There went down to 
Hoosuck this morning to [two] of >he West Town men and find it all in 
ashes, except five of the nearest houses to the Fort, the Scout I sent is 
not returned, they design to lie out and make the furthest discovery that 
th y can, this afternoon there was 4 or 5 Indians tracked within 2 or 3 
miles of the Fort, tis thought by the Dutch that the main part of the army 
fS gone off, — from 

Your very humble servant to 
command 

Elisiia Ciiapin. 
Col Israel Williams 
True copy— Attest, Tho s . Clarke, Dptf Secry. 



JJatter from Col. Williams to Hon. Joseph Willard, Sec y , Mass. 

[Copied from MS. Corr. Vol. II, p. 147.] 

Springfield, August 31, 1751. 

Sin— Herewith I send you Capt. Chapin's account of the mischief done by 

the Indians at Hoosuck. The man that came from the Fort with the Letter, 

says two men c line into the Fort as he was coming away, one wounded 

and that one who was with them was killed. 

(1) Fort Massachusetts wa8 Lathe town of Adams, in the western part nf Massachu- 
setts. "The remains of the old fort are still to be seen on the north end of Saddle Moun- 
tain, erected as a defence against the .savages." Harper's Univ. (Jaz. "Adams."— En. J 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 311 

Last week five Indians came to Simcook,(l) informed of the Indians 
coming out, upon which the People removed and thereby saved their 
lives. 

The People in the Frontiers are put into the greatest consternation, and 
but few if any will continue. Our Infant settlements will be again ruined. 
They are not able to make scarce any resistance. 

If the People at Pentoosuck, Charlemont, Cold-rain and Fall Town 
could have protection, I shou'd hope the[y] might be persuaded to remain 
and might prove a considerable security and cover to Stockb ridge, Shef- 
field, the new settlements between Stockbridge and Sheffield, and the old 
Towns on Connecticut River. We are in a bad scituation, shall become I 
fear an easy Pray to the Enemy, and if the People escape with their lives, 
their substance will in all probability be soon destroy'd. 

I have ordered the People in the Frontiers to be on their Guard which 
is all I can do at present. I conclude the Dutch will (if they have not al- 
ready) retire from the East side of Hudson's River, and we must expect 
to receive the attacks. I have directed Capt. Chapin to keep out a Scout 
for discovery. 

I am S r , y r ob* humb. serv 1 - 

Is 1 Williams. 
Hon. Josiah Willard, Esq. 

A true copy, Attest Tho 3 Clarke, Dep* Sec>'. 



Letter from Col. Blanchard. to Gov* Wentworth. 

[Copied from MS. Corr. Vol. II. p. 125.] 

Dunstable, August 29* h , 1754. 
May it please, your Excellency 

On rec' of y r Orders for a Detach 1 out of my regiment, I Imediately ex- 
press'd to the several companys & next day had sixty Impress'd, last Mon- 
day morning mustered at Dunstable, viewed the arms of those that pro- 
ceeded, supply'd them with ammunition &c. The complement Destin'd 
for Connecticut River march'd in company & under the Command of Major 
Bellows. (2) Twenty nine up Merrimack river (of which) five I directed 
to guard a new settlement about 8 or 10 miles Westerly from Pennicook, 
who are now building a Fort, advantageously situated to cover the Set- 
tle mts Lower down the river; the rest with Capt. Goffe to relieve the 
troops up the River with Directions to him for the most useful improving 
the sonldiers. One half his scout are gone to Hillsborough & to search y e 
Branches of Contoocook river (the most likely places to discover if any of 
the Indian Scout has tarry'cl) & to come in at Stevenstown or Contoo- 
cook. 

Relating the Sup r Court, I am too sencible of my obligations to y r 
Excy to withold my assistance in anything your ExcJ' directs. 

The Sup r Court is a provincial Bennefit and ought Hono b b* to be sup- 
ported at their Expence & not a pennurious spirit cause a scandalous In- 
jury to those who attend their duty there with fidelity, — nor can it be 
expected in this Infant Province, Gent 11 will long Endure the Fatigue & 
Bestow their fortunes that way. 

(1) This must he the name of a place in Massachusetts, not in New Hampshire.— Ed, 

(2) See Muster Roll of these men, in Military History by Col. C. E. Potter, Adj. Gen. 
Rep. 18 JO, Vol. II. pp. 117—119. ■ 

Major Benj. Bellows, afterwards Colonel, was the founder of Walpole, N. H., 1749. 
Ho was born May 23, 1712, and died July 10, 1777, aged 05 years. 



312 PROVINCE OF NEW-HAMPSHIEBi [1754. 

Notwithstanding at present resign myself y r Pleasure in it & will be 
down ye 10 th of Sept ut furthest. 

I am y r Exc.v* most dutiful & most Obedient Hum 1 Scrv 1 . 

Joseph Blanchard. 
His Ex y Benning Wentworth, Esq. Gov 1 ' &e. 

P. S. I have supply'd the iifty men, I think likely good souldiers. 



From Capt. Phineas Stevens to Coll. Illnsdall. 

[Copied from MS. Corr. Vol. II., p. 127.] 

Charlestown in New Hampshire, August 30, 1754. 
Sir, 

This morning a Party of Indians have been at the House of James Jon- 
son & have earried oft' himself, his wife & three children, & a Daughter of 
Lieut. Moses Willards of about 14 or 15 years of age. The s d Jonson's 
wife was then with child, & within a few days of her Time. (1) They 
have also taken Ebenezer Farnsworth who lived in the house with him, 
and Peter Labaree, who went to Jonson's on some business. Aaron 
Hosmer was in the bed with Farnsworth, and made his escape by falling 
behind the bed & retiring to another place for shelter in the s d Room, and 
abiding there for near half an hour, while the House was plundered. The 
Indians came several times into the chamber & as he went out at the door, 
one Indian pursued him & had like to hive taken him. I have been since 
to the House & find that all the people are gone oft'; (viz.) Eight Persons. 
(A sorrowful account to give in time of Peace.) Which is all at present 
from 

Y r most Humble servant 

Piiineiias Stevens. 
To Coll : Hinsdale. 

A true copy pr Josiah Willard. 



letter from Major Benj. Bellows to Col. Blanchard. 
[Copied from MS. Corr. Vol. II. p. 139.] 

Sn. We have the news from Charlestown that on Thursday morning 
the 29 th of this Instant the Indians came to the house of James Johnson 
& broak in and took s' 1 Johnson, his wife and three children and a maid &. 
one Eben r Farnsworth & Labbaree, & they suppose they have carryed them 
all off, they have not found any of them kilPd, the People are in great dis- 
tress all down the River, and at Keen & at Swansey, & the few men sent 
will not more than supply one Town, and the People cannot secure their 
grain nor hardly keep their Garrison, &c. 

Benj* Bellows. 
Westmoreland, August 31, 1754. 

Coll° Jos : Blanchard. 

P. S. I have get no further than Westmoreland when I wrote this ft 
got all the men sale there. 

(Copy J. B.) B. B. 

(I) Srte a full account of the captivity and suffBringd of Mrs. Johnson in Historical 
Collections by Banner & Moore, Vol. I. pp. 17S-2:JD. — Kb. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 313 

Letter from Col . Bland card to Gov* Wentworth. 
[Copied from MS. Corr. Vol. II. p. 149.] 

Dunstable, Sunday, 5 o'clock P. M. 1754. 
May it please if ExcJ. 

Four o'clock this afternoon I rec d a letter pr Express from Major Bel- 
lows whereof the luclosed is a copy. I tho't it necessary to give y 1 ' Excell? 
the Earliest ace 1 . I have no further advice than the letter. A post is 
already gone to Capt. Goffe & all the frontier Inhabitants up this Riv- 
er with this advice as well as to be cautions. 

I have ace 4 1 think may be depended on of the discovery of a Party of 
Indians up this River of the Same day of this attack at Charleston. 
This pr post 3 o'clock last Fryday morning, frequently heard shoot last 
week at several distant places — it seems they are sporting themselves at 
present greatly to our disadvantage. I hope there will be a spirit of 
proper Resentm 1 raised in the Assembly. There must be a frontier, & if 
the present are drove in we must have one much more difficult to Defend 
or a great many nc^ Settlements Broak up. 

The Settlements on the two Rivers are so accommodated for raising 
Provisions & compact, the other towns so scattered & such thicketts, 
that four times the soldiers will not Leave them so safe even to come 
down to old Dunstable. But as this in out of my Province pray y r Exc 1 ^ 
to excuse it. 

Before I parted with Maj r Bellows, I strongly urged, his taking an 
equal care of the inhabitants on Connecticut Riverdowu to include West- 
moreland & y e Great Meadows (or Putney) & urged that the Great Mead- 
ows & Westmoreland Joyn in one Garrison, Walpool Westminster & 
Rockingham whose Improvements lye handy to make two Garrisons. In 
Walpool one on the River Bank, the other on the outside the meadow 
where Mr. Bellows's house now stands, the forts about half a mile Dis- 
tant right opposite to the Improvements in Westminster & will cover two 
Hundred acres of good meadow Laud of Mr. Bellows's, which he says, 
according to thei Familys shall have equal Benefit with himself during 
the war; the Fort on the Bank will cover y« Landing & safe passage to 
Westminster fields. I hope they'l settle it that way. Walpoole and 
Westmoreland will then be upwards of thirty men Each of the Inhabit- 
ants & safe as to the general of their labour. These places lye the most ex- 
posed (with Charlestown) and as the Scout was small, some must Scout 
Round the town to Divide them further I tho't wou'd defeat their being 
of much use any where — but told him on the whole he must be vigilant in 
making the Best advantage of their service where he found most need. 

I determin to wait on y r Exc? the Monday before his Majesty's Sup r 
Court Sitts. 

I am with the tender of my Duty y r Excellency's most humble & most 
Obedient serv*. 

Joseph Blanciiaud. 

His Excy Beuning Wentworth, Esq. Gov r . &c. 



Letter from Lt. Col. Josiah Willard to Col. Blanchard. 
[Copied from MS. Corr. Vol. II. p. 141.] 

Winchester, Aug st 31, 1754. 
Sr— This day I rec d the malonclly tidings of a family being captivated 
by the Indians at Charlestown, the circumstances whereof you will find 



314 PROVINCE OF NEW-HAMPSHIRE. [1754. 

in the copy of Capt. Stevens letter to Coll Hinsdale, w ch is Inclosed in a 
letter to his Excell>' Gov 1 ' Wentworth, w dl I beg the fav r of you to convey 
as speedily as can be. After you have Inform'd yourself of the news con- 
tained in it, so try to help a poor distress'd people, for almost every niau 
is upon the move in this part of the country. I have had no sleep this 
three nights and now have nine familys stop'd at my house. 

We have pers waded the Bigger part of the People to tarry a Little 

While & see if we can have some help, but the old Leaven of the M "» 

& Mr. Walker's turning the world upside down in so little a Time is dis- 
couraging to many of our people. (1) They hear evry day that there's no 
help to be had from y e Mass tts . I have a hard Task to keep fort hummer 
with six or seven men and have not completed a good Garrison round my 
own House, but hope to have it done soon &c. 

JOSIAII WlLLARD. 

Col°. Blanchard. 

Copy pr J. 13. 



Letter from Lt. Col. Willard to Gov. Wentworth. 

[Copied from MS. Corr. Vol. II, p. 143.] 

Winchester, August the 31, 1754. 
May it please your Excellency — 

I would humbly beg leave to inform how extremely difficult our circum- 
stances are, ou account of our being constantly exposed to become a very 
easy prey to our barbarous Enemies, who have been of late making re- 
peated invasions on our Neighboring Towns whereby a considerable 
number of them are slain & are carried" into captivity. We had informa- 
tion on Tuesday last that five Indians which came from Crown-Pint to 
a Dutch place called St. Coiks, there asserted that Eight Hundred Indians 
were set out on an Expedition against the Fort Massachusetts, & the 
Dutch settlements thereabouts, (2) & that on the 27 lh day of the month 
they intended to arrive thither, which accordingly they did & killed & 
took nine persons near s d Fort. We also this day received the Inclosed, 
& also certain intelligence that two women & three children belonging 
to Swanzey are missing, which after dilligent search made, not being 
found, are supposed to be taken: & b} r the Discoveries that are made, we 
are afraid of being invaded on every Quarter: Wherefore we humbly en- 
treat that your Excellency would take our case under consideration & 
grant us that needed speedy Relief, as in your great wisdom you shall 
think best. 

From him who begs leave to subscribe himself your Excellencies obe- 
dient & Humble servant. 

Josiaii Willard. 
To his Excellency Benning Wentworth, 
Esq. Governor of his Majesties Province of New Hampshire. 



Letter from JEbenezer Hinsdale to Col. Williams. 

[Copied from MS. Corr. Vol. II, p. 145.] 

Deerfield, Aug 6 V31, 1754. 
Siu— 
At this Instant one of the clock this morning Doctor Field of Northfleld 

(1) Probably this has reference to the result of Rev. Timothy Walker's visit to En- | 
gland, about this time. See p. 253.— Ed. 

(2) The Dutch had extended themselves from the vicinity of the river Hudson, N. 
Y. into the western pan of Massachusetts.— Ed. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 315 

brought me the following' Lines from Capt. Oliver Willard of fort Dum- 
nier. viz. 

Sir — A Post just now arrived from No. 4, who informs that the Indians 
came to Lieutenant Johnson's house about break of Day this morning 
took him, his wife & four children, with one Lubbaree & Ebenezer Farns- 
worth; one Ausmore who was in the House escaped, none killed as we 
hear. 

Your servant, 

Oliver Willard. 

Doctor Field tells me the Express from No. 4 informs that the above- 
mentioned Lubaree who is near Neighbour to Johnson, just enter'd his 
house when the Indians rush'd in after him. Osmour being in the Cham- 
ber heard the Indians in the House & heard Johnson plead for Quarter, 
said Osmour jump'd out of the Chamber, met an Indian who struck at him 
with a knife he escaped the stroke, the Indians call'd to him to come back, 
out he kept on to Capt. Stevens at the Fort, there was no Gun fired, the 
Express came immediately from Capt. Stevens & they had not time to 
kuow whether Lubbarees Family & some other of their Neighbours are 
taken or not. 

These in haste from your kinsman, 

& very humble serv' 

Ebenez 1 " Hinsdale. 
Coll Williams. 

Capt. Catliu, Lieut Hawks & Field are present who send you this In- 
formation 

A true copy — Attest — J. Willard. 
Directed to Coll. Israel Williams. 



Letter from Capt. John G-offe to Col. Blanchard. 
[Copied from MS. Corr. Vol. II, p. 153.] 

Contoocook, Sept. 1, 1754. 
Sir— 

I arrived to Pennicook ab* 12 o'clock on Thursday where I mett the 
Troop who came down to guard 10 or 12 horses to mill, and I took their 
places and they went Home, and I got safe to the Fort at Contoocook with 
all those that went to mill, and have given the People I believe good sat- 
isfaction since I have been here considering the few men I have. Those 
that went to Hillsborough not being yet come but expect them tomorrow. 
We have done considerable in guarding the People whose hay was cut 
before the mischief was done, has lain ever since till we came and a 
great deal more hay & grain we must guard them to get or they will loose 
it, and shall do what we can for them as souldiers, for they are here more 
concerned than ever I knew them any time las'; war, and durst not go any 
where without a guard I have not bin to Stevens town yet, & its Tho't 
dangerous to attempt without any more men. There is nobody there, 
but I am Informed that there is a great deal of good corn there w ch its 
pitty should be lost, but four or five of the Inhabitants will <jo back to 
stay & them not without twenty men at least as souldiers with them. The 
Indians are certainly about, they are tract & guns heard every day almost 
in the woods. 

I went with my scout and a number of the Inhabitants. I heard up to 
the westward when I was four miles out of Town two guns very Plain,— 
upon Satterday last we made a considerable scout and went near to Hop- 



316 PROVINCE OF NEW-HAMPSHIBE. [1754. 

kinton, marched down Contoocook river & so to the Fort, we saw fair 
mogasoD tracts in severall places, some new and some older. I pray you 
would send me Express what I shall do ab l going to Stevens town if I 
have no more men, if I go I must take them all with me & I clont see but 
Contoocook must loose or sell or kill most of their Cattle for they have 
got but very little Hay since the mischief was done, and have a great deal 
to get; all their pease almost in the Held unhook'd & loosing every day, 
and abundance of them there is. Mr. Lovejoys Garrison(l) are all moved J 
oft* but three family s, and he told me that he would not stay any longer 
without he had some souldiers — and if he had, severall lainilys would come 
to them, w ,h if that fort breaks up they can grind none in Contoocook 
& must be forced to go to Eastman's mill on Turkey river (about 12 or 14 
miles a dangerous road) and it will bemuch more dangerous to go to Pen- 
nicook(l). Please to take these things into consideration & send me 
what I shall do. I am ready to obey if yon will command. 

The Scout must go up to Stevens town to take care of their Effects and 
stay a night or two and I believe if I was ordered to go once in a week or 
ten days up there it might possibly have this effect to daunt the Enemy 
or find 'em and fight 'em. If you think it best to go and live at Stevens 
town I am ready to do it & heartily willing, but they have no provision but 
salt, I must buy an ox and drive up and kill there which will be costly, 
and to carry meal so far will be bad luggage — Pray your advice by the 
bearer, but if I go there pray your interest for Contoocook & Lovejoy's | 
mill & Eastman's mill that there may be an addition of Souldicrs &c. 

J. Corn:. 

P S. The most of Contoocook People desired me to acquaint you 
that they are Destitute of any military officers and by that means no- i 
body will watch or ward, but such as see cause & by that means some I 
are oblidged to do duty & some none at all, and they think it is owing to | 
their living at so great a Distance from Coll . Smith to whose regiment 
they belong, that they have none, & r'esircd me to acquaint you that it is 
their desire to be annexed to y r Regiment as they joyn upon it & think 
they shall be taken 1) tter care of if they were & pray your Interest to 
get it-done & pray also that if they can't be in y r Regiin 1 you wou'd rec- 
ommend Mr. Steven Garrish for their chief officer, for I assure you there 
is necessity that something be done in that respect soon. 

I am &c. J. G. 

I have my full cornp nt of men & I think one more, pray y r advice in that 
— As I was sealing up this Rec d y rs relating No. 4 (or Charlestown) shall 
follow y 1 " Directions. 

J. G. 
Copy of Capt. Goffe's letter. 

Monday (paper annexed) 
I came down with a guard with two teams to Lovejoy's mill& to Relieve 
my souldiers from Hillsborough who it seems did not care to come alone. 

J. G. 

(') Henry Lovejoy's Garrison was situated in W r est Concord, on or near the spot 
Where the new brick school house now stands. People from Contoocook and Canter- 
bury went to his mill situated near by. Jon than Eastman's Garrison was on the IIop- 
kiutoii road, on the rise of land near where the road diverges to Dunbarton. His mill 
was on Turkey river near where now St. Paul's School is located. This was 10 or IS 
miles from Contoocook, and Capt. Goffe calls it a "dangerous road," but why he should 
say it was '-more dangerous t > go to Pennicook" — which was the name of the main 
KCttlemcnt, the editor does not know. See nouton.''s Hist. Concjrd, pp. 151-15;;, 175-176. 
-En. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 317 

Dunstable, Sept. 3a 1754. 
May it please your ExeeW 

The foregoing letter I rec cl early this morning (with a messenger for 
more ammunition) The better to let you know the whole situation, I 
copied the letter from Capt Goffe, the People must be distress'd in their 
present situation, 'tis great Pitty that the Indians should make advantage 
of the fields & destroy y 8 food at Stevenstown, & for Contoocook to be 
starved, their crop wou'd serve themselves & many soukliers if preserved, 
the Garrisons at Lovejoy's mill & Eastman's mill must by no means be 
Bro ik, the two most usefull places it' the towns there stand. 

To divide this Handfull of men with Capt. Gofl'e to all these places, tak- 
ing first what's necessary for Steveus town must be useless to the rest. I 
have directed Capt. Goft'e for the present to pursue the projection in his 
letter relateing Steveus town, and assist Contoocook and the two mills all 
in his power. I expect every miuit to hear of the Indians further attack 
unless the people give more than common attention to their guards. A 
proper company of men att liberty to take up to y e heads of y e Rivers first, 
& another to scour their woods might Quickly cross them, but those al- 
ready out can serve but little further than the fields. 
I am in all duty your ExcJ" s 

most Obedient Humble servt. 

Joseph Blanchapd. 

P. S. Your Exc^ will undoubtedly greatly serve the Inhabitants at Con- 
toocook by putting them under a military Regulation. They cannot in 
this time of war do without. Y rs , ut supra, 

J. Blaxciiard. 



Letter from Col. JBlanchard to Gov. Wentworih. 

[Copied from MS. Corr. Vol. II. p. 157.] 

e Dunstable Sept. y e 2% 1754. 
M:vj it please y v Ex^s. 

Three of the clock this morning I rec d the Inclosed Express came from 
iNichavvog (I) (between sixty & seventy miles) from yesterday three of 
the clock, the bearer from Nichawog & can give no verball acct. 

This message Col° Willard sent unsealed under cover. I further In- 
close a copy of his Private letter to me, & hope some way will be found 
out to prevent such fine settlem ts becoming a dereliction, Tho' half the 
Gov 1 (till some proper measures can be taken) were constrained to go. 
1 This first shock will be the worst, when they get fixed in good Garri- 
sons, a smaller Nomber will be sufficient & the people I doubt not, will do 
well. 

J The news I have from all Quarters makes me afraid there's a considera- 
ble nomber of Indians scatter'd in the frontiers. 

I determin to waite on your Excelly on Satterday or Sundaj-, my Busi- 
ness by this Rout with the Indians has been hinder- d & not expecting to 
tarry at this Sup v Court had undertaken Repairing my House & other 
Buildings necessary, besides I expect if the Indians continue these 
troubles a necessity of my being much at home, that if your Excv shall 
Ihink convenient to Hon r me in y 8 new Comission, I must beg your Indul- 
s^ence of my Return for part of this Court & afterwards will Endeavor to 
fit my Business better to attend. 

I salute y r Ex c y with my Duty & and assurance that I am y r ExcJ rs most 
obedient Humble serv 1 

Joseph Blanciiapd. 

(1) Tiic locality of Xicltciwog i3 not known to tho editor.— Ed. 



318 



PROVINCE OF NEW-HAMPSHIRE. 



[1754. 



The following names are found -mi the Mutter Roll of the Troops em- 
ployed in Ins Majesty's service on Merrymac River 1754 u der command of 
Col. Joseph Blanchard, and by him posted under proper officers, agreeable to 
his Excellency's orders. [See Potter's Mil. Hist. Adj. Gen. Pep. Vol. II. 

18GG, pp. 117-119. 



Mek'8 Names 

Joseph Blanchard, Esq. 
John GofFe, Lieut. 
Caleb Paige, Serg* 

Joshua Martin 
Jona. Woodbury 
AVm. Moore 
Isaac Waldron 
Timothy Cox 
Levi Hildreth, Sentinel 
Peter Cross 
Eleazer Farewell 
Natli 1 Moore 
Samuel Houston 
Simon Beard 
John Haiwood 
Joseph Ordway 
Nathan Haywood 
Jacob Jewell 
John Bailey 



Josiah Parker 
Joshua Corlis 
Stephen George 
Joseph Eastman 
John Taylor 
Archibald Stark 
Thos. Jones 
Joseph Brown 
Sam 1 . Hogg 
Nicholas Line 
Daniel Roden 
John Hay 
John Allen 
Samuel Milton 
.lames Hunter 
Thomas Grear 
Matthew Glean 
Thomas Archibald 
Hugh v iller 
John Karkiii 
Israel Trull 



Jonathan Aiken 
Thos. Ilyland 
John Duncan 
John Barret 
Samuel McDupley (I) 
John Archibald 
Joseph McCowcn 
David Taylor 
James McNeil 
William Bonner 
William Patterson 
William Patterson 
Zachariah Stearns 
Ephraim Foster 
Stephen Chase 
John Worthley 
Jeremiah Corlis 
Wm. Hutchinson 
Keuben Hamblet 
Andrew Walker 
William Gibson 
Robert Rogers. 



Names of the men posted on Connecticut River under Major Bellows. 



BenjaminBellows, Lieut. Joseph Richardson 



Phineas Stevens, Serg. 
Jesse Richardson, Sen- 
tinel 
James Hewey 
Henry Hewey 
John Cumm'mgs 
Amos Kenney 
Henry Hill 



James Page 
John Love! jr. 
Samuel Parker, jun. 
Timothy Beadle 
John Martin 
Samuel Stearns, jr. 



James French 
James Whiting 
Amos Whiting 
James Hill 
Jonathan Hubbard 
Caleb Willard 
John Cuminiugs jr 



Names of the men, pasted in the neighborhood of Keene and Fort Dum- 
mer, under Col. Willard. 

Josiah Willard, Lt. Benjamin Little Joseph Lancaster 

Samuel Thompson, Scrs.Nath 1 Heath Benj a Griffin 

Elijah Alexander, Cent. Caleb Heath Joua. Clough 

Asa Grant Ephraim Perry Thomas French 

Cliristop'r Grant John Stevens Jona. Flood 

Benja. Moore Jona. Atwood Samuel March 

Ichabod Fisher Wait Stevens, jr. Joseph Brown 

Obadiah Wells. Eben r Fellows Gideon Webster 

Wm. Stevens John Heath 



(1) Deserted Oct. 2«. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 319 

Copy of a paragraph of a letter from his Excellency the Gov r . 
to Joseph Blanchard Esq. dated Nov. 3 d 1754. 

[Copied from MS. Corr. Vol. II. p. 161.] 

"It being uncertain whether the Assembly will pay the Troops 
for any longer time than their Grants extended to, I think it proper that 
you give orders for dismissing both the Troops posted on Merrimack 
and those on Connecticut River, unless they are willing to remain at the 
mercy of the Assembly, which I cannot advise to." 



320 PROVINCE OF NEW-HAMPSHIRE. [1754. 



NOTE BY THE KDITOlt. 

Thus far, the Journal of the House has been copied and printed entire, 
with all the accompanying official papers and documents referred to which 
could be found in the Secretary's office or elsewhere; but on account of 
the great increase in the bulk of material from year to year — much of 
which relates to mere personal and local matters — and especially on ac- 
count of the greater importance to be attached to those portions of the 
Journal, with the Governor's m< ssages, the correspondence and public 
documents, which relate to the ''Seven Years' War'' with the Fren:-h and 
Indians— which are very copious— the Editor, under the advice and di- 
rection of his Excellency, Governor James A. Weston, has deemed it ex- 
pedient hereafter to copy and publish only such portions of the Journal of 
the House as more particularly relate to matters of general and public in- 
terest. The editor, however, has carefully noted, in an abridged form, 
the joint proceedings of the House and Council relative to other matters, 
and placed the same in smaller type, in order, marked (a), (b). &c. He 
has also indicated the concurrence or non-concurrence of the Council, 
with the proceedings of the House. 



Wednesday Dec r 4 th 1754. 

Met according to adjournment. Mr. Joseph Bickford bro't a 
Muster Roll into the House and made oath thereunto. 

The Muster Rolls of Joseph Kimball, Rob 1 Kimball and Ezekiel 
Sanborn bro't in by Coll. Peter Gilman, being sworn unto before 
him. 

The Muster Roll of Thomas Lucas bro't into the House by 
Coll. Peter Gilman being sworn unto before him. 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Capt. John Odlin bro't into the House a Muster Roll and made 
oath to the same. The House adjourn'd till tomorrow morning 
nine of the clock by order of y c Speak 1 ". 



Thursday, Dec. 5 th 1754. 

Met according to adjourning 

The Secretary came into the House and said he was directed by 
his Excellency to acquaint the House that his Excellency expected 
the House at the Council Chamber and accordingly the House at- 
tended his Excellency at the Council Chamber who made a Speech 
[p. 470.] and Mr. Speaker desired a copy thereof and the Secretary 
deliver d Mr. Speaker the original and said a copy might be taken 
thereof and the original be returned. 

The House adjourn d till three of the clock in the afternoon by 
order of the Speaker. 



1754.] JOURNAL OF THE HOUSE. 321 

Governor s Speech. 

[Copied from MS. Gov rs Messages, Vol. II, p. 153.] 

Gentlemen of the Council 
And of the Assembly — 

The necessity I was under to Transmitt the state of my Government to 
the King's Ministers, by the mast-Ships, obliged me to Prorogue the Gen- 
eral Assembly to a longer day; It being impossible for me to attend such 
services at one and the same time, and as I meet you Now, at a season 
the least injurious to your private concerns, so I would hope your atten- 
tion will be more firmly set on the public. 

I have transmitted to his Majesty by one of his principal Secretaries oi* 
State, the ample provision you made in your last session for a proper de- 
tachment of the Militia, to be Employed by me in searching after a French 
Port, reported to be built or building at Coos, on or near the head of Con- 
necticut River within the undoubted limitts of this Government, which I 
am pursuaded will be highly acceptable to his Majesty. 

The detachment I sent on the above service returned without discover- 
ing any Fort or provision making for building one, although they penetrat- 
ed further into the main body of land Westward from Coos than the Eng- 
lish inhabitants have yet done, and would have proceeded further, had not 
the Excessive rains unusual at that season of the year prevented it. 

Notwithstanding the Troops I sent on this discovery were too earl}-, yet 
from the Intelligence I have had, I am pursuaded that the General of Can- 
ada had determined upon building a Fort in the summer past either at 
Coos, or some more convenient piace on this side the Lake for a safe re- 
treat to the Indians and for the reception of their captives and Plunder, 
after they had committed hostilities on our Frontiers, and nothing but 
their great attention to the success they rely on at the Ohio and the ne- 
cessity they are under to compleat their scheme there by secureing the 
Indians ; in that quarter in the King's Interest, has prevented it. 

When you consider how acceptable it must be to his Majesty to defeat 
the French in the least attempt they may make to incroach on any part oi 
his Dominions, when you consider the distresses of the Frontiers in the 
Summer past, and when you consider how their misery will be increased 
should the French this Winter or early in the Spring strongly Fortifie 
themselves at Coos, I cannot doubt of your resolution in taking posses- 
sion of that important pass, with the utmost Expedition. 

Your resolve in this momentous Concern you may be assured will not 
only recommend you to his Majesties especial favour, but must finally be 
your great security, as it 'will cut off all communication the Indians can 
have between our frontiers and the French Fort at Crown Point ; it will 
also prevent the Indians from St. Francis and Montreal from making in- 
cursions on our Frontiers, by shuting up those short and Easy water 
passes which they frequent ; another great advantage must ensue, in case 
of a general war; when that happens" there may be an occasion to march 
a body of troops into the Enemies country, the benefits the troops would 
receive from resting in such an advanced Fort, besides the probability oi 
their Garrisons being within a few years capable of subsisting any num- 
ber of troops this Province may have occasion for, with many others oi 
another nature are truths that need no further proof. 

All undertakins of this kind are subject to great charges, and should 
this be attended with extraordinary expenses it ought by no means to 
prevent its being carried into execution, being in no doubt but that it will 
be his Majesties pleasure to put this Province upon the same footing, for 
the services we engage in, in obedience of his Commands, as he x>uts his 
other governments, and that we shall receive the same aid from the 
Crown; besides it must be considered that a fortification at Coos will be 
an infinitely greater security to all his Majesties colonies, exposed to (he 

21 



o22 PROVINCE OF tffiW-HAMPSHIRE. [1754. 

Hostilities of the Indians, than a Fort erected in any other place whatso- 
ever. 

Von cannot but be sensible that with the approbation of the Legisla- 
ture I have used my utmost Endeavours for three years past to place a 
strong garrison at Coos, but from the opposition my plan met with, where 
J could not expect it (it* they had judg'd rightly i'or themselves) it did 
not take effect. The same reasons subsist with me as did then, for taking 
possession of those invaluable Lands, and indeed there are so many en- 
couragements to the undertaking, when duly weighed, that they cannot 
fail of inviting you to engage in it. The nearness of our present settle- 
ments is a persuasive argument to this service, so that subsistance and 
reinforcements upon Emergencies may be conveyed with ease and safety, 
:.vs well as all necessary stores; the commodious situations for Garrisons 
With a sufficient store of materials for such uses, and above all the fertil- 
ity of the soil, if my information is well grounded, exceeds every other 
advantage; from which it maybe expected that a fort placed under so 
many promising circumstances will not be a lasting charge on the gov- 
ernment. 

Gentlemen of the Assembly 

His Majesty had no sooner Received the information of the inarching 
of a considerable body of Indians, joyned by some regular European 
troops, with a design to commit Hostilities on some part of his Domin- 
ions, but he instantly directed one of his Principal Secretaries of State 
to inform the Governors of all his Colonies thereof, and to direct them 
to put the military force under their direction in a posture to resist any 
hostile attempts that might be made on their respective Governments, 
allso to be aiding and assisting any other of his Majesties Colonies in 
•case of an Invasion. 

The Earl of Holdernesses letter to me of 2S :h August 175;), Expressly 
wrote by the Kings command on this occasion, I laid before you in your 
last Session. You must all 'be sensible that his Majesties command can- 
not be fully executed by me without your assistance, by making grants 
equal to the service required, and to excite in you a Zeal for so impor- 
tant a branch of your duty to his Majesty, you will observe the Royal 
Commands repeated in the following Paragraph of S r Thomas liobinsons 
letter to me of the 5 th of July Last, which did not come to my hand until 
the II 11 ' of November. 

"The Kings orders were signified to you not only to act vigorous in de- 
" fence of your Government, but to belikewise aiding and assisting his 
•'Majesties other Colonies in America, to repel any hostile attempts 
'made against them. 1 am now by the Kings express Command to en- 
" force to you the said Directions in the strongest manner and to acquaint 
•'you that nis Majesty expects your immediate observance of them. 

"You will see by the inclosed copy of my letter to Governor, Shirley. 
"in what manner his Majesties subjects have behaved at Massachusetts 
' Bay, and that their conduct has been mtircly approved by the King." 

Gentlemen— 

You may see lion jealous his Majesty is, least the French should dis- 
tress or make any encroachment on his Colonies, from his approving the 
conduct of our neighbours in the Massachusetts Lay. in fortifying the 
River Kennebec, and since you have so lair a path open to tread in, a 
way so Broad that it will admit of no mistake, 1 pursuade my sell' you 
will embrace the opportunity put into your hands of recommending 
yourselves to his Majesties favour by making an ample grant for fortify- 
ing Coos and garrisoning the same. 

As l have not only his Majesties commands but his repeated Com- 



1754.] JOURNAL OF THE HOUSE. 323 

mands to pay obedience to, I have confined myself to them only, at the 
opening of this session, and as soon as you have gone through what I 
have so earnestly recommended, I shall in a Message lay the other mat- 
ters requisite at this session before you. 

Uentlemen of the Council 
anil of the Assembly 

It will give me the highest pleasure to concur with you in the measures 
I have so pressingly recommended, and as they tend so much to his 
Majesties service and are so agreeable to his commands, as well as for 
your own safety and the protection of his Majesties other Governments, 
I have no room to doubt of your uniteing in making the necessary grants 
therefor. 

13. Wkxtwouth. 
Council Chamber in 
Portsmouth, December the ,5 th 1754, 



•Copy of Sir Thomas Robinsons Letter to Gov. Shirley. 

[Copied from MS. Corr. Vol. II, p. 100.] 

Whitehall, 21« June, 1754. 
Sir— 

Having received your Dispatches of the 19 th of April and the 1 st of May 
last, with their several Inclosures, & having laid the same before the King, 
I am to acquaint you that his Majesty extremely approves the Resolution 
which has been taken by the Assembly of your Province in consequence 
of the Proposal recommended by you, to use their best Endeavours to 
drive the French from the River Kennebeck, and I am, at the same time 
to inform you, That his Majesty is graciously pleased to authorize and di- 
rect you to proceed upon the Plan, and to pursue the measures which ap- 
pear by your Speeches to the Assembly and their answers thereto to have 
been so well calculated for that purpose ; and I am likewise to assure you 
as a mark of your Majesty's particular attention to the w T elfare of his Loj- 
al subjects in New England, that everything recommended by the said 
Assembly will be fully considered, & that immediate Directions will be 
given for promoting the Plan of a general concert between his Majesty's 
Colonies, in order to prevent or remove any Encroachments upon the Do- 
minions of the Crown of Great Britain. 

It is with the greatest Pleasure that I take this Early opportunity of 
giving you the Satisfaction to know the very favorable manner in which 
the account of your Prudent & vigorous conduct, as well as of the zeal 
and activity of those under your Government have been received by the 
King, which cannot fail to excite & Encourage them in taking such farther 
steps as will most effectually provide for their own security, & will give a 
proper Example to his Majestys neighboring Colonies. 

I am, &c. 

T. Robixson. 
(Governor Shirley. 

Post Meridiem. 

Yoted, That Mr. Speaker, Coll. Gilman, Matthew Livermore, 
Capt. Bell, John Page Esq. John McMurphy Esq. and Mr. Jona- 
than Lovewell be a Committee to wait on his Excellency to eon 
/suit about the affair of Coos. 

The House adjourned till tomorrow .morning nine of the clock. 



324 PROVINCE OF NEW-HAM PSHIKE. [1754 

Fryday, Dec' 6 th 1754. 

The Committee appointed to confer with his Excellency upon 
the subject matter of his speech, making Report, a message was 
sent by the House to desire a Conference and it was agreed to be 
tomorrow morning. 

The House adjourn'd till tomorrow morning. 



Saturday, Dec r 7 th 175-4. 

Met according- to adjournm*. The Council and House met and 
[i\ 471.] had a Conference upon the subject matter of the Gov- 
ernor's Speech and the House voted as follows, viz. 

Voted, That Mr. Speaker, Henry Sherburn jun. Esq. Peter Gil- 
man Esq. and Matthew Livermore be a Committee of this House 
to joyn with such as may be appointed by the Hon blc the Council 
to draw an answer to his Excellency's Speech, (a) 

(a) Theo' Atkinson and Rich d Wibird, Esqs. appointed. 



Wednesday, Dec 1 ' 11 th 1754. 
[p. 472.] Voted that the following Address be sent to his Ex- 
cellency and signed by the Speaker in the name and by order of 
the House. 

Province of 
New Hampshire 

To his Excellency Benning Wcntworth Esq. Captain General 
Governor and Commander in Chief in and over his Majesty's 
Province of New Hampshire. 
The Humble Address of the Council and Assembly of said Province — 

[Copied from MS. Gov 1 * Messages, Vol. II, p. 161.] 

We his Majesty's Loyal and dutiful subjects the Council and Assembly 
of said Province beg leave to address your Excellency and acknowledge 
our obligations to your Excellency for your Speech to both Houses of the 
fifth Instant, wherein we observe. That your Excellency had Informed 
his Majesty by his Ministers of the Provision made by this Government 
for searching after a French Fort reported to be built or building at Coos 
on Connecticut River, and also the other matters therein recommended 
by your Excellency. 

We greatly Rejoice that the Troops emp'oyed in that business upon 
the strictest search found no such Fortress or Building there, or any 
preparations made therefor. 

From the best information we have as yet been able to get relative to 
the situation of Coos, AVe are of opinion that a Fort there with a sulli- 
cient Garrison, would be a great Defence and Protection not only to this, 
but also to his Majesty's other Northern Provinces: But at the same 
time cannot think that his Majesty's subjects of this Province are able to 
carry the same into Execution, considering their present circumstances,. 



&754.] JOURNAL OF THE HOUSE. 325 

namely, the large Frontiers they have to Defend, the great charge they 
were at in the late War, the Burden whereof they have not yet got over; 
also the great charge they have been at this present year for the Protec- 
tion of the Frontiers and much greater that they must be at should there 
be a War, which there is reason to tear will soon be the case, and consid- 
ering also the great number of forces it will take to build a Fort there 
and the heavy charge that will necessarily and unavoidably attend the 
garrisoning and maintaining the same, Inasmuch as the situation of the 
Place (as we understand) where said Fort is proposed to be built, is 
such, as there must be such a number of Troops posted there as will be 
sufficient to defend it from any attack that may be made upon it, either 
by the French or Indians separately or conjointly, as no early help can 
foe had from any of his Majesty's settlements. Though we are willing 
and ready to do every thing within the compass of our Power and ac- 
cording to the utmo-t of our ability for the Protection and Defence of 
his Majesty's subjects of this and his other Governments against his 
Majesty's Enemies both French and Indians. 

We would further beg leave to observe to your Excellency That we 
think it highly necessary and expedient humbly to address his Majesty, 
shewing and setting forth the great advantage (we apprehend) it would 
be to his Majesty's Governments in North America, if his Majesty had a 
Fort & Garrison at Coos, and the inability of his Majesty's subjects of this 
Province to bear the Burden thereof. 

Sent by Coll. Gillman & Doct r March in the afternoon. 

In Council December the 11 th 1754. 

The foregoing Address read & ordered that the Sec v in the name & the 
*behalf of the Council sign the same. 

Theodore Atkinson. Sec* v . 
Province of ) 

New Hamp r $ Dec. 11 th 1754. 

In the name and by order of the house of representatives 

Meschech Weare 
Speaker. 

Post Meridiem. 
[i\ 474.] The Secretary bro't into the House a written message 
from his Excellency. 

Govei'nors Message. 

[Copied from MS. Gov 1 '* Messages, Vol. II, pp. 165-172.] 

Mr. Speaker & 
Gentlemen of the Assembly 

In my Speech to both Houses at the opening of this Session, I thought 
it my duty to confine myself to his Majesty's commands only, and as they 
deserved your first attention, I thought it most for Majestys service, to 
defer all other matters necessary for your consideration, until I had your 
answer to what I therein so earnestly &, seriously recommended. 

I shall direct the Secretary to lay before you the proceedings of the 
Commissioners I sent to Albany, that you may perfect what is necessary 
for you to do on your part. 

I shall also direct the Secretary to Lay before you the transactions of 
the Commissioners I sent to Falmouth. 

I have had a severe reprimand from the Right Hon ble the Lords Com- 
missioners for Trade & Plantations, for not transmitting the Treasury ac 
.counts since the year 1744. You are all sensible that you have taken up 



'>-<> PROVINCE OF NEW-HAMPSHIRE. [1754. 

on you the auditing and Examining of these accounts, and that Commit- 
tees have been every Session appointed for that service, but that to this 
day the ballances have not been transferee^ nor the accounts fully adjust- 
ed, for which reason the Treasurer cannot deliver me fair eopys to trans- 
mit, 1 hope you will forthwith remove the Impediments that have been the 
occasion of this unreasonable delay. The Treasurer informs me that the 
Committee for making sale of sundry stores that were remaining of the 
Canada Expedition have not paid the money those stores sold for into the 
Treasury, as was directed & as that money cannot be made use of in any 
other way than for sinking part of the £(50,000 Emitted for the service 
of that Expedition, 1 must desire that care be taken to have it placed 
agreeable to your Acts. 

The periods for calling in & sinking the £2.~>,<jOO loan being arrived, 1 
shall order a state of that loan to be prepared, & the respective sums for 
each appropriation properly placed to avoid mistakes hereafter, which I 
shall direct the proper officer to lay before the Generall Assembly. 

hi the late act of Parliament for regulating paper money in the four New 
England Governments, there is a clause providing for the calling in ft 
sinking all loans, agreeable to the Acts of Government for Issuing the 
same, and that where there is any deficiency in the Securitys the sums de- 
ficient shall be made good by an adequate tax on the Polls & Estates of 
the Inhabitants I have often pressed the Assemblys ever since I ar- 
rived in my Government to enquire into the State of the £15.000 loan, & 1 
now repeat it to YOU, and if there appears a deficiency in the Securitys af- 
ter this Enquiry is made, you must conform to the Act of Parliament & 
the provisions therein made for that purpose, but in case it appears that 
the securitys taken are sufficient, then it is incumbent on you to make a 
final settlement of this loan, which has been so long outstanding. 

The little regard you paid to the Earl of Holdernesse's letter to me in 
your last sessions, obliges me to put you in mind once more of the arms A 
military stores therein referr'd to, which 1 had the Kings Commands to 
deliver to Governor Shirley (a). 

(a) [The following is the letter referred to, which the Editor found in 
Book 1, Prow Kec, p. 260.] 

Whitehall. 28 June 17oo. 
Sin— 

1 am to acquaint you that it is the Kings pleasure that the arms ami mil- 
itary stores, which were made use of upon the intended Expedition 
against Canada, and which were returned by his Majesty's order, when 
the Troops were dismiss'd that service, and are now lying in the Province 
of New Hampshire, under your care, should be forthwith transmitted to 
Gov 1 ' Shirley at Massachusetts Bay, to be ready for such services as his 
.Majesty shall hereafter be pleased to direct. 

I am Sir, your most obedient, 
humble servant 

HOLDKllXKSSE. 

Governor of New Hampshire. 

I bave mentioned the difficulties I am under for want of a Provincial 
House, so often that, I almost give up the point, altho' I cannot avoid say- 
ing thai I have endured this [ncohveniency near thirteen years, «£ that ev- 
ery year lias been attend id with an extraordinary expense. I must like- 
wise remind yon thit it was my desire, that some measures might be tak- 
en to open & repair the road from Town to the place where I reside thai 
I might With »ut the lest inconvenience attend on the Kings business with- 
out dinger to my person, which with all the conveniencys I have been at 
the expence of, 1 cannot with safety now do; the lest that I might have 



1754,1 JOURNAL OF THE HOUSE. 327 

expected from so reasonable a request, was to have given a reason for not 
complying' with it; but when you take this matter again under considera- 
tion you will find this road is as antient as the settlement of the Province, 
& no reason could be assigned for the neglect of it. 

As soon as the Muster Rolls for the Troops Employed for the safety & 
protection of the Frontiers are ready, I shall order them to be laid before 
you, & make no doubt but that you will discharge those Troops posted by 
me with the advice of his Majestys Council, with equal chearfulness, as 
those I posted by virtue of your own grants. 

When you have passed upon the public accounts which I shall direct the 
Treasurer to have in readiness for your Inspection, I hope you will make 
the necessary provision for the coming year, having regard to the Emer- 
gencys of the Government, which the safety of our exposed Frontiers will 
demand & require. 

The Intelligence I have had that at least a hundred Indians have passed 
the Lake late this Fall, makes it necessary for me at this time to call for 
your further assistance to enable me to give such protection & cover to the 
frontiers as their case may call for. 

I think it my duty to put you in mind, that in conformity to your Acts 
for issuing the bills of Credit for the Louisbourg & Intended Expedition 
to Canada, proper measures ought to be concerted relative to those Emis- 
sions ; to delay a thing of such importance to the Government may be at- 
tended with dangerous consequences to the public. 

It is a matter of great concern to me, that so many of his Majesty's 
subjects, as have been captivated by the Indians in the Summer that is 
passed, should remain in the hands of the French, where the young peo- 
ple are exposed to the craft of the Romish clergy, and are in great dan- 
ger of being corrupted with the pernicious principles of the church oi 
Rome, principles destructive of all Soeietys but their own, & to be ab- 
horred by every true Protestant ; 1 shall therefore be glad to unite with 
you in any measures that may contribute to their redemption, not only 
for the sake of relieving so many of the Kings subjects out of captivity, 
but that they may be rescued out of the hands of the Romish clergy; who 
are more assiduous in proselyting them to their religion, than any but 
those who have had the opportunity of seeing it, can conceive. 

When you enquire into the acts ior settling my salary, you will ob- 
serve that £250 proclamation money was settled to be paid out of the 
Interest arising from the £25,000 loan, and that it was likewise settled 
on me during the continuance of that act & my administration : in your 
last session I thought it proper to acquaint you. that that act on 
which that part of my salary was made payable expired at Chris.naas 
last, therefore I desired that you would provide a future fund for the pay- 
ment thereof; before I Prorogued the General Assembly a naked vote 
came from the House granting £250 new tenor, as it is called, to be paid 
me in Lieu of £250 proclamation money, bat as I did not esteem that 
grant any equivalent for that year, and not havinu any consideration 
made for the years that are passed, 1 could by no means accept of it, I 
shall now, not only expect that you will make me a sufficient grant for 
the same that is passed, but that you provide a- sufficient fund for the 
time to come, and I recommend it to you not only as your interest, but 
as your duty, to comply with the intention of the acts, it being the Kings 
pleasure in his general Instructions to me to say, that the salary fixed 
on me should be paid in Sterling or Proclamation money, whereby it 
should not be liable to variation, by the uncertain value in paper money. 
It was certainly at the time of fixing my ' salary (which was but a slender 
provision at that day) the mind of the 'then Assembly that there should 
be no variation in it, notwithstanding it arose from two different Funds .; 
I must therefore hope for the Honor and Interest of the Government, 
you will not constrain me to mention this affair again, is it will be alto- 
gether disagreeable to me. 



328 PROVINCE OF NEW-HAMPSHIRE. [1754. 

It appearing to me that if I had drawn out of the Treasury the Grant 
you made me of £2000 new Tenor, before the troops & servants of the 
Government were paid, there would be a great deficiency to make good 
all your grants, for which reason I deferred my grant until the above 
payments were made; after which there was not a sufficiency left in the 
Treasury to discharge the whole grant, neither is there as the Treasurer 
informs me at this time : Therefore I hope you will, upon adjusting the 
Treasurers accounts, enable him to discharge the grant with Honour. 

B. Wkntwokth. 
Council Chamber 
in Portsmouth, December 
the 11th 175 4. 



Voted that Mr. Speaker, Mr. Sherburne & Mr. Livermore be a 
Committee of this House to draw an answer to his Excellency* 
message of this day. (a) 

(a) Sampson Sheaffe and Joseph Xewmarch Esqs. appointed by the 



Council. 



Thursday, Dec. 12 th 1754. 

Met according to adjournm*. 

Voted That the Committee for providing Stores for the Inten- 
ded Expedition against Canada be ordered to lay before the Gen 
eral Assembly as soon as may be a state and account of what they 
sold of said Stores and of the charges arising thereon. Sent up 
by Mr. Lovewell. [Concurred.] 

The Secretary bro't into the house a message from his Excel- 
lency, & A letter from Sr Thomas Robinson to his Excellency. 

[p. 475.] The house upon considering the Message of his Ex- 
cellency of this day relating to the Letter from Sir Thomas Rob- 
inson to his Excellency of the 26 th of Octo r 1754, and of the s d 
Letter which his Excellency layd before the house, thought it 
proper that there should be a Conference between the Council and 
the House upon the same and accordingly sent a message to the 
Council relating thereto and the Council answered that they 
would attend a Conference tomorrow morning. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 

[Copied from MS. Gov> s Messages, Vol. II, p. 173.] 

Portsmouth, Dee. 12^, 1754. 
Sir 

The Inclosed Message to both Houses being of great Importance, I lost 
Dot one moments time, after I had read over Sr Thomas Uobinson's let- 
ter, in preparing it; as soon as the letter & Mess* 1 have been read in Coun- 
cil, you an' to carry both to the Speaker, and desire that as soon as they 
have made the necessary use of the letter, it maybe lodged in your office. 



1754.] JOURNAL OF THE HOUSE. 329 

If I remember rightly in your minutes in Council you omit my being 
present, As I am allvvays present in Council while in the Province so I all- 
ways Expect that you enter it accordingly. 

I am. Sir, your hum 1 Serv 1 

B. Wentworth. 
Coll. Atkinson. 

[Copied from MS. Gov 1 '* Messages, Vol. II, p. 175.] 

Gentlemen of the Council 
& of the Assembly. 

His Majesty's Commands signifyed to me in Sr Thomas Robinson's let- 
ter of the 26 th of October last,(l) which I this moment received depend 
Intirely on the aid I am to receive from the General Assembly, to carry 
into Execution, & that you may be fully informed of his Majestys Expec- 
tations from this Province I have directed the Secretary to Lny the same 
before you, depending on its being lodged with the Secretary, as soon as 
you have informed yourselves of its contents, depending likewise that you 
will Immediately take every Paragraph of s d letter under your considera- 
tion, & give me as full an answer to them & with as much dispatch as the 
nature & circumstances of the commands from his Majesty admit of, and 
I must earnestly desire that you will not give the lest disappointment to 
his Majesty's Expectations from this Government, hoping you will rather 
exceed in duty than fall short in any one point. 
Council Chamber in Portsmouth, B. Wentwoutii. 

Dec. 12"' 1754. 

[p. 470.] Pursuant to a motion made yesterday to have a Con 
ference with the Council upon the Governor's Message of yester- 
day, a Conference was this day had. 

Voted that the allowance for the Billeting the soldiers employed 
the summer past for the protection of the Frontiers be one shil 
ling and six pence new Tenor per day for each man. 

Voted That Mr. Speaker, Henry Sherburn jun. Esq. Peter Gil- 
man Esq. Thomas Bell, Esq. and Matthew Livermore be a Com- 
mittee of this House to joyn with such as may be appointed by 
[p. 477.] the Honourable the Council to examine into the state of 
the fifteen Thousand pound Loan and make Report thereof unto 
the General Assembly as soon as may be. (a) 

(a) Josiah Willard, Benjamin Bellows and John Goft'e, each brought 
in a Muster Roll and made oath to it. 



Tuesday Dec. 17 th , 1754. 

The Secretary bro't into the House the petition of Messrs Wil- 
lard, Ruth Labaree and James Johnson and also two letters from 
Enos Bishop to the Rev d Mr. Jedediah Jewett relative to himself 
and sundry other English prisoners in Canada. 

CO Sr Thomas Ujbinson'd letter cannot now be found.— Ed. 



330 PROVINCE OF NEW-HAMPSHIRE. [1751. 

Letter from Enos Bishop to Rev. Jedediah Jewett of Rowley, 

Mass. 

[Copied from Farm. & Moore's Hist. Coll., Vol. I, p. 0:5. j 

Montreal, Oct. 1!), 175-1. 

Rev. Sm— The reason of my directing these lines to yon is, because it 
seems most, likely that they will sooner arrive to the hands of a person of 
your note than to any body else. Before I proceed, 1 shall give yon a 
short description of my captivity. That day, Sir, in August last [the 15 th ] 
that you left my house at Contoocook, I was taken by the Indians, and by 
them carried to St. Francois, where we arrived in thirteen days; and 
after I had been with them ei^lit weeks, they sold me to a FT-cnch gen- 
tleman for 300 livers, which sum must be paid before I can be free — which 
looks somewhat difficult to me. But I hope that 1 have some friend in Row- 
ley that will contribute part of that sum for my relief; and I shall take it 
as a favor of you if you will move a contribution in your parish. There 
will be no difficulty in my redemption if the money be paid, and there is 
no clihieulty in coming at any time in the year. In the winter people pass 
on the ice all the way to Albany, excepting a few miles. 

Inform the people at Contoocook, that Meloon and his wife are sold to 
a French minister near Quebeck, and his boy in this town, and his oldest 
girl is with the Indians: their youngest child, 1 believe, died at St. Fran- 
cois a month ago. Samuel Scribner, who was taken at Bakerstown when 
I was, I hear is sold to the French at Chambly, about 12 miles from this 
place; and Robert Barber, taken at the same place, sold to a Frenchman 
about a mile from St. Francois. They all desire release. 

I can write no more at present, only to ask an interest in your prayers, 
and beg leave to subscribe myself, 

Your most obedient humble servant 

Enos Bishop. 

N. B. Caution the frontiers to be on their guard. If any person comes 
or sends for me. let them repair to Col. John Lydius of Albany for direc- 
tion. 



James Johnson — His Captivity. 

[Copied from MS. Corr. Vol. II, p. 165.] 

The Declaration of James Johnson an English Captive, returned from 
Canada : That he with his wife and- three children and three other per- 
sons were taken from Number F'our on the 30 th day of August last by 
eleven of the St. Francis Indians and carryed to Crown Point fort, where 
lie tariied three days, and from thence was carried to St. John's fort at 
the North end of Lake Champlain, and from thence to the Indian .settle- 
ment at St. Francis, and was by the captors sold to a French man at Mon- 
treal with whom he lived about six weeks : That according to the best 
information he could act the mischief done upon the English frontiers the 
year past was done by the St. Francis Indians except that at Fort Halifax 
on Kennebeck River, concerning which he had no certain information, he 
only heard there were three prisoners and two scalps brought into Oue- 
beck from 1 hence before he came away from Canada. 

That the Indians who took 1dm captive told him that they sent out eight 
Indians to Merrimack to llevenge the death of two Indians that had been 
killed there; Eleven to Number four, because the English had set down 
upon lands there which they had not purchased; Twelve to lloosuck to 
Revenge the death of an Indian killed at Albany by some negroes, and two 



I 



1751.] ! JOURNAL OF THE HOUSE. 331 

to Stockbriclge, and that they intended next Spring: to drive the English 
on Connecticut River so far as Deeriield; That while he was at Crown 
Point the Scaticook Indians about seventy-live men women and children 
came in there and went aboard a vessell oi" the French King about seven- 
ty tuns which carried them to St. John's Fort and from thence they w r ent 
to St. Francis where they had an interview with those Indians and were 
by them received as part of their own Nation. 

That he counted in Crown Point fort twenty-three cannon none exceed- 
ing four pounders as he judged. That he did not count the men but he 
thinks they did not exceed forty or fifty ; That lie was upon the Eminence 
about forty or fifty rods from the fort, that he heard nothing of any new 
fortifications near the Fort ; That while he was at Montreal he saw about 
twenty of the Six Nations which came into that city to hold a conference 
with the Governour, That the conference was publick, that he was in- 
formed by several that the Business of the Indians was to let the Govern- 
or know that they had agreed to a Neutrality both as to French & English, 
and that as he saw the Indians passing through the city he said to a 
French gentleman whom he saw there and who he was told was the third 
man in the city, there are some of our Ind aiis, they are English Mo- 
hawks; whereupon the gentleman Reply'd in English, they are not Eng- 
lish, nor are they French, they are neither one nor t'other. 

That he left Montreal about the 13 th November last having borrowed 
three hundred livers there to purchase his freedom ; that he gave Ids Pa- 
role for the payment of tiie money and left his wife and children behind. 

He further says, That he observed men actually passing down the River 
St. Lawrence ten or fifteen at a time to Rendezvous at Quebeck, that he 
was told by an English man who was a soldier at Crown Point that there 
were four hundred French and one hundred Indians going to take the new 
English fort about ninety miles as they said from Quebec, that he was in- 
formed they had been sending men all summer to the southward to the 
number of four or live thousand and that he saw them frequently passing 
that way in small Bodys ; That he did not hear of any French men of war 
being arrived at Quebec, but heard that one with ail the men were lost 
in the River St. Lawrence. 
Province of Mass a Bay 
December 10, 1751. James Johnson. 

James Johnson subscribed the foregoing Declaration and made oath to 
the truth thereof before his Excellency the Governor and his Majesty's 
Council for the Province aforesaid — Attest 

J. AVillard. 
Copy Examin'd pr Thomas Clarke, Dep> T Secy. 
Copy Exam'd pr. Matthew Livermore, 

Clerk of the House of Representatives. 



Passport of the Governor of Montreal to James Johnson, to go- 
to A 



[Copied from MS. Corr. Vol. II, p. 163. J 
Charles, Baron of Louauevil, Knight of the Royal and Military order 

of St. Louis, Governour of the City and Government of Montreal, We 

permit unto the Bearer of this license an English man by Nation to go to 

Albany, there to attend his own affairs : 
We command all Gentlemen Commanders of any Postes or stations 

wheresoever he shall pass to take care that no harm or hindrance be done 

to him either on the part of the French or Indians. 
Given and done at Montreal the 11 th day of November 1751. 

LONGUEVILr 



*» PROVINCE OF NEW-HAMPSHIRE. [1754. 

g ea ij The Gentlemen commanders of any post or Station wherever the 
I s (l Englishman shall pass, in case the Indians leave him, shall fur- 
nish and provide for him by paying two French men to conduct him to 
the lands of the English. (1) 

LON'GUKVIL. 



Wednesday, Dec r 18 th 1754. 
Answer to the Gov™ Message of the 11 th Inst. 
May it please your Excellency 

Having in conjunction with his Majesty's Council after mature consid- 
eration given an answer to the very important matters recommended in 
your Exccllencys speech to both houses, of y e fifth Instant, We immedi- 
ately took under consideration the several things recommended in your 
message of the eleventh Instant, and assure your Excellency of our Beady 
Disposition and hearty Desire to do every thing with regard to the several 
matters laid before us that may be for his Majesty's Honour and tend to 
Recommend us to his favour, for your Excellencys comfort and satisfac- 
tion and the general good of all we Represent : But we must say that at 
present we are entirely at a Loss, which way we shall make provision so 
as to answer these ends, such difflcultys we liud in the way & such per- 
plexitys attending our publick affairs — among which we look upon the 
Treasurers accounts not being settled as one and think we cannot proceed 
with any propriety in judging what provision is necessary or in what 
manner it may be made for answering all or any of the matters recom- 
mended by your Excellency which depend upon a supply of money, untill 
these accounts arc fully settled and the state of- the Government as to that 
fully known — a thing we assure your Excellency we look upon it to be of 
great Importance to the Government and which we have been very desir- 
ous of seeing accomplished, and cjmnot charge ourselves with the least 
[i». 480.] neglect on our part that it is not done. 

There have been from time to time according to the constant usage 
and practice of the government Committees of both houses appointed 
(we have not taken it upon ourselves) to examine and audit the Treasur- 
ers accounts who have with great care & assiduity, according to the time I 
allowed them, applyed themselves to the examination of the accounts and 
to have this matter finished, but such hath been the length and perplexed j 
state of these accounts, their not being conformed to the acts and votea 
of the General Assembly, their not being generally laid before the General 
Assembly till towards the latter end of a session, with many other difll- \ 
cultys, have hitherto prevented it. 

We shall now Immediately give all the attention we can to accomplish 
a full settlement of these accounts which have not been laid before us till 
this morning, though we have been sitting more than a fortnight, that we 
may the better act in o her matters. 

Voted, That the foregoing be sent unto his Excellency as an 
answer unto bis message of the Eleventh Instant unto the house 
of Representatives. Sent by Mr. Knight. 

The house then adjourned till three of the clock in the afternoon 
by order of t lie Speaker. 

(I) NOTE— The foregoing was translated from the French and a copy taken by Mat- 
thew Livermore, Clerk of the House of Representatives. — Ei». 



1754.^ JOURNAL OF THE HOUSE. 333 

Thursday Dec r 19 th 1754. 

Met according to adjournment. 

[p. 481.] Whereas the condition and circumstances of the Prov- 
incial Goal appear to be such that it is not convenient either for 
criminals or debtors, and unless something is soon done by Repair- 
ing the same it may be of pernicious consequence unto the Gov 
eminent Wherefore Voted, That Peter Gilman Esq., and Mat- 
thew Livermore be a Committee of this house to joyn with such as 
shall be appointed by the Honourable the Council, to repair the 
said Goal in such way and manner as they shall judge necessary, — 
also, to make any addition or additions to the said Goal as by them 
shall be thought proper ; Also to purchase any parcel or spot of 
ground or land convenient for a garden or for any other accomo- 
dations for said Goal and to dig a well in for said Goal, and to dig 
& finish said well, and that the said Committee be and are hereby 
appointed Trustees for said Province, to take the Deed or Deeds 
of the land they shall purchase pursuant to this vote, in their 
Names as Trustees for said Province and that they draw out of the 
money that is or may be in the Treasury not exceeding what re- 
mains appropriated to and for the Prison, and that they proceed 
upon the said Business as soon as may be, and that they render 
an account of their proceedings therein unto the General Assem- 
bly from time to time as there may be opportunity. Sent up 20 th 
by Deacon Tuck. [Concurred."] 

The House adjourn d till three of the clock in the afternoon by 
order of the Speaker. 

Post Merediem. 

Met according to adjournment. 

Whereas a representation hath been made to the General As- 
[p. 482.] sembly That James Johnson his wife and four children, 
Peter Labaree, Ebenezer Farns worth. Miriam Willard, Nath 1 Mer 
loon his wife and three children, Robert Barber, Samuel Scribner 
and Enos Bishop were the summer past captivated by some of the 
St. Francois Indians and are now in the hands of the French & In 
dians, And application having been made for some assistance 
towards their redemption, 

Therefore Voted that there be and hereby is granted the sum of 
one hundred & fifty Pounds sterling money of Great Britain 
towards the Redemption of the persons above mentioned. And that 
Mr. Speaker and Henry Sherburne jun. Esq. be a Committee of 
this house to joyn with such as may be appointed by the Hon- 
ourable the Council to draw a Bill or Bills on John Thomlinson 
Esq. agent for this Province at the Court of Great Britain for said 
sum to be paid out of the Interest of the money belonging unto 
this government in his hands to be made use of by them for the 
end and purpose aforesaid, namely, for the redemption of the whole 



334 PROVINCE OF NEW-HAMPSHIEE. [1754. 

number or ]>:irl of the said persons in the best way and manner 
they can. (a.) 

Sent up 20 th by Deacon Tuck. 

(a) Sent back to the house, by the Council, with a written vote thereon for 
augmenting the said sum & altering the method proposed in the s (l vote 
for procuring the captives — Jour. C. & Assm. 

Whereas then; is an immediate necessity of the sum of one 
hundred and fifty pounds Sterling to be used and employ'd towards 
the Redemption of a number of persons now in Captivity among 
the French and Indians and whereas a vote has been past in this 
house this day for the drawing on John Thomlinson Esq. agent 
[p. 483.] for this Province at the Court of Great Britain for said 
sum out of the Interest of the money belonging unto this Govern- 
ment in his hands : Therefore Voted that there be a tax laid on 
the Polls and Estates within this Province of the sum of four hun- 
dred and fifty pounds new tenor bills of credit on this Province to 
be paid by the last day of December one thousand seven hundred 
and fifty seven, in order to sink so much ot the bills of Credit 
emitted by this government for the intended Expedition against 
Canada, and that an act be drawn up accordingly. (a) Sent up 20 th 
by Deacon Tuck. 

(a) Joseph Blanchard Esq. bro't into the house a Muster Poll, and made 
oath unto the truth of the same. 



[p. 488.] Thursday January 2 d 1755. 

The Secretary bro't into the House? a letter from Gov 1 ' Shirley to 
Uov r Wentworth, a vote of the Gen 1 Assembly of the Massachu- 
setts Bay relating to the Redeeming y c Captives at Canada, & a 
Message from his Excellency to the Council it Assembly relative 
thereto ; also a message from his Excellency relative to the prison 
cv; the report of Jeremiah Libby and Nath 1 Meserve Esq. concern- 



in: 



Letter from Gon v Shirley to Gov 1 Wentworth. 

[Copied from Prov. Rec. 13. J. p. 265.] 
Sir — The Assembly of this Province having been apprised of some 
measures your Excellency's Government are taking for the Redemption of 
such persons taken by the Indians and carried prisoners into Canada, a* 
belong to your Province, are desirous to join with you in this affair, that 
sonic expense may be saved to both governments by employing one and 
the same person to transact this business a tCanada, have judged Capt. 
Phineas Slerois (1) (one of your oicn government) to be a proper person U> 

(]) Sec notice of Capt. Puineas Stevens, in narrative of Mrs. Johnson's captivity, 
Farm. <f Moore, Hist. Cell. Vol. /. pp. 182-189. 



1754.] JOURNAL OF THE HOUSE. 335 

be employed in this service, and the Council and House of Representatives 
have desired me to write to your Excellency on this subject, as you will 
see by the Inclosed copy of their vote : Your Excellency Avill therefore be 
pleased to let me have your answer as soon as may be that so the matter 
may be fully agreed upon before our General Assembly rises ; I am with 
great regard, Sir, 

Your Excellences most Humble 

And most obedient servant 

W. Shirley. 
His Excellency Penning Wentworth, Esq. 
Indorsed-" Gov 1- . Shir] eys letter — 
1751, ab't redemption of 
Captives." 



Vote of the General Assembly of Massachusetts. 

[Copied from Prow Rec, 13. I, p. 280.] 

.Inasmuch as sundry persons belonging to this Province, some of whom 
were soldiers and taken from the fort on Kennebeck River, are now in 
captivity at Canada, — and as this Court have been inform'd that there are 
also divers persons in captivity at Canada belonging to the Govern- 
ment of New Hampshire, — Therefore, 

Voted That his Excellency the Captain General be desired, as soon as 
may be, to write to the Governour of New Hampshire, informing him, that 
this Court propose to employ Capt n Phineas Stevens of No. 4, to go to 
Canada redeem the captives belonging to this Government : Provided the 
Government of New Hampshire Avill also employ him, and pay a propor- 
tionable part of the expence of his journey, according to the number he 
shall recover from their captivity for the respective Governments. 
Sent up for concurrence 

T. Hubbard, Spk r . 
In Council, Decern 1 ' 27, 1754, Read & concurr'd. 

Tho s Clarke, Dep v Sec v . 
A true copy — attest J. Willard, Sec v . 



Ilessac/e of Governor Wentworth, relating to Captives. 
[Copied from MS. Gov 1 ' 8 Messages, Vol. II, p. 183.] 

Province of 
New Hampshire. 

Gcptlemen of the Council 
& of the Assembly 

I have directed the Secretary to lay before you a letter I received from 
Governor Shirley, together with a vote of the House of Representatives 
in his Government, of the 27 th Instant, concurrd the same day by the 
Council, both which I received by an Express last night. 

When you have duly considered the Import of the Governors letter, & 
of the House of Representatives vote, & can be satisfied that the method 
therein proposed for the redemption of the persons in Captivity belonging 
to this Province will be a saveing to the Government, I hope you will 
make the dispatch necessary on this occasion. 

The Government of the Massachusetts having experienced the charges 
of redeeming their Captives by the hands of the Dutch traders at Albany, 



336 PKOVINCE OF NEW-HAMPSHIRE. [1754. 

& by the hands of private persons & finding the redemption of captives is 
more certain & attended with less expeuce, when put into the hands of 
their own messengers, than when conducted dv the traders at Albany who 
have frequently, according to my information omitted the redemption of 
some, because they were obliged to pay the French or Indians from whom 
they purchased them near the value allowed by the Government, & I am 
apprehensive this has Led the Massachusetts Government into the pres- 
ent measures they are now now pursuing. 

B. Wentwortii. 
Council Chamber in 
Portsmouth, December 30 Ul 1754. 



Message of Governor Went worth relaxing to thePrison. 

[Copied from MS. Gov rs Messages. Vol. II, p. 170.] 

Province of 
New Hampshire 
(rentlemen of the 
Council & of the Assembly 

The Kings Attorney General having on the 27 Ul Instant, represented to 
me the insufficiency of his Majesty's Goal, I Immediately took the same 
under my consideration and appointed two persons well skilled in timber 
work, & repairing wooden buildings, to make a critical examination into 
the state of the prison, & to report to me what repairs would be necessa- 
ry to make the prison secure for the present, uutill a new one could be 
built, which report you will herewith have laid before you & which I ap- 
prove for the present necessity. (1) 

P>. Wkxt worth. 
Council Chamber 
in Portsmouth, Dec 1 ' 30 th 
1754. 

The House adjourad to three of the clock P. M. 

[p. 4S<).] Voted That the following be sent to his Excellency 
as .'in answer to his Message of y e 30 th of Dec" last relative to the 
Captives at Canada, viz. 

May it please your Excellency, 

The House have considered of your Exccllencys Message of y c 30 Ul day 
of Dec r last relative to the letter from Governor Shirley to your Exccllen- 
cy, and the vote of the House of Representatives and Council of the Prov- 
ince of the Massachusetts Pay of y e 27 lh of Dee' afore d referr'd unto in 
your Excellency's said message, and having on the 19 !l1 day of Die 1 
afores'd passed a vote for the redemption of the Captives therein men- 
tioned, in the hands of the French and Indians, which vote was sent up to 
the Honorable the Council the 20 th of Dec 1 ' afores' 1 , They cannot see 
their way clear to come into any other measures for Redeeming the said 
( 'aptives. 

Sent the 3 d by Mess™ Gidding A Stevens. 

( ) The Report of Jeremiah Libbeyantl Nathl.Mcserve above referred n>. cannot now 

be found.— hn. 



1755.] JOURNAL OF THE HOUSE. 66 i 

Voted That the following be sent unto his Excellency as an an- 
swer unto his Excellency's message of the thirtyeth day of Decem- 
ber, 1754, relative to the state and condition of the provincial 
Goal. 

May it please your Excellency 

The House have considered of your Excellence's Message of the thirty- 
eth day of December last relative to the State and condition of the Pro- 
vincial Goal and they having passed a vote of the t^venty-fifth of April last 
[p. 490.] appointing a committee of this house to joynjrith such as might 
be appointed by the Honourable the Council to make such Reparations to 
said Goal, &c. as they should judge proper, which vote w T as sent up to the 
Council on the same twenty-fifth of April aforesaid in consequence of 
which Vote nothing having been done, and the House since this session 
being informed that the said Goal was not fit either for criminals or Debt- 
ors, They on the nineteenth day of December last passed a vote appoint- 
ing a Committee of this House to joyn with such as might be appointed 
by the Honourable the Council to make such Reparation &c. to said Goal 
as they might judge proper, which vote last mentioned was sent up to the 
Honourable the Council the twentyeth day of December aforesaid/and 
are of opinion that it will be best and most for the Benefit and advan- 
tage of the Government that the said vote last mentioned be pursued and 
acted upon, (a) 

(a) Daniel Peirce Esq. appointed Recorder of Deeds and Conveyances, 
for one year — p. 490. 

(b) Matthew Livermore, a Committee, on the part of the House, to 
farm out the Excise, for one year— p. 492. 



[p. 492.] Saturday January 4 lh 1755. 

The Secretary came into the House with the message of this 
House to his Excellency relative to the captives at Canada and 
said that the Governor and Council were of opinion it w^ould be 
better to agree with some person to go to Canada than to proceed 
in the method already voted and agreed upon by the House. 

The Secretary bro't into the House the vote of this house of y e 
19 th of Dec r last relative to the captives in Canada with the vote of 
[p. 493.] Council thereon — which vote of Council was read and 
non concurr'd, and further Voted y* the house adhere to their for 
mer vote. Sent back by Mess rs Page & Stevens. 

The Bill for granting his Majesty the sum of £lo00 being read, 
Voted y* it pass to be enacted, and sent up by Capt. Gilman and 
Dr. March, (a) 

(a) Jan. G, 1755. Muster Rolls allowed, &e. 

Of Robert Kimball for himself & nine men, £14 : 15 : 

of Joseph Kimball for himself & nine men, 14 : 11 : 2 

of Ezekiel Sanborn for himself & nine men, 14 : 15 : 

of Thomas Lucas for himself & five men, 16 : 5 : 

of Col. Peter Gilman for billeting Scouts, 29 : 12 : 6 

of John Webster for himself & nineteen men. 100 : 3 : 1 



338 PROVINCE OF NEW-HAMPSHIRE. [1755. 

of Jonathan Evans for himself & six men, 

of Joseph Bickford for himself & seven men, 

of John Odlin for himself & thirty troopers, 

of Jonathan Greeley for himself & twenty troopers, 

of Major Gone, Maj. Bellows & Coll. Willards, 

of Coll. Blanchard, for his trouble in Rec- & paying y c 

money & making up the muster Rolls, 10 : : 

To James Osgood, allowed for subsisting & nursing 

' Samuel Houston, a sick soldier, 5: 2: G 

To Col. Jos. Willard, for an express sending home Wm. 

Stevens a sick soldier, his ace 1 in full. 7: 0: 



18: 


5 


f> 


19: 


18 


8 


42: 


5 : 


10 1-2 


(JO: 


1: 


8 


1096: 


o 






(b) Allowed for Trouble in making up muster Rolls. 

Capt. John Odlin, £0 : 7 : G Ezekiel Sanborn, : 5 : 

" John Greeley 6:7:6 Robert Kymball, 0:5:0 

Ci John Webster 0:7:0 Jonathan Evans 0:5:0 

" Joseph Bickford 0:5:0 Thomas Lucas 0:5:0 

" Joseph Kymball, 0:5:0 Total £2 : 12 : 0. 

[Concurred by Council.] 



[p. 496.] Tuesday, Jan y 7 th 17.35. 

Whereas there is great reason to suspect y* many Counterfeit 
Bills are passing made in Imitation of the true Bills of Credit of 
this Province, 

Voted That all Justices of the Peace and other proper officers 
within this Province be directed and they are hereby directed to 
make diligent search and enquiry after all persons suspected to be 
concerned in counterfeiting or altering any such counterfeit Bills 
[p. 497.] knowing them to be such and use their utmost endeavors 
to have the guilty brought to condign punishment, and for the 
encouragement of all proper officers to be obedient and industrious 
to discover the authors of so pernicious a practice, It is further 
Voted, That the necessary charge and expence they may be at 
shall be defrayed out of the publick Treasury provided that no per- 
son of ability shall be so convicted as to be subjected to pay the 
costs, (a) 

Sent up by Mr. Mcmurphy y c 8 th . 

(a) Capt John Light a'lowed, for apprehending William 

Bo wen £64 

John Green allowed for apprehending Eliphas Dow, 8 

Jon. Thompson allowed for apprehending Jeremiah Tibbets, 7 i 

Hezekiah Jennes, for Express to Dunstable, .'5 

(b) Accompt of William Parker Esq. for revising Laws &c. 

allowed 31 : 0: <> 

•' of Thomas Packer, Sheriff, relating to rescue of 

Bowen, 7:10: 

(c) Accompt of Com rs to treat with Indians at Albany allowed 187: 0: 

of Com™ to treat with Indians at Casco, allowed 43: 1 3 : 8 
11 of Eleazer Russell, for paper, books, &c. allowed o : 12 : 10 

[Concurred by Council.] 



G: 


i) 


12: 





10: 





0: 






1755.] JOURNAL OF THE HOUSE. 339 

Wednesday afternoon ,Tan y 8, 1755. 

Met according to adjournment. 

Whereas Elisha Sweat, Sam 1 Fifield & Benjamin Stevens agents 
for the Proprietors of the Town of Kingstown have Petitioned the 
General Assembly of this Province to lend them the sum of one 
hundred pounds Sterg. money to Enable them to carry on a suit 
before his Maj ty in Council now depending there between Natli' 
French & Thos. Follingsby &c. & signified in y e Petition that 
they are ready to give Security for y e Repaym 1 thereof as the Gen. 
Assemb. shall please to order, 

Voted That the prayer of the Petition be granted & That the 
Honb. Theocl. Atkinson, Rich d Wibird Meshech Weare, Esqs. & 
Henry Sherburne jun. be and hereby are appointed a Com tee , they 
or the major part of them to draw a Bill in favor of the petition- 
ers on John Thomlinson Esq. agent for this Prov. at the Court of 
Great Britain for the sum of one hundred pounds Stei g of the In- 
terest in the hands of the said John Thomlinson, Esq. belonging 
to this Government, & y t Elisha Sweat, Samuel Fifield & Benj a . 
Stevens the petitioners give good security unto y e s d Com tee for the 
payment of the sum of three hundred pounds Bills of Credit new 
Ten r on this Province within one year from y c date of s d Bill to be 
by them Drawn as afores d with six pr cent Interest in like Bills & 
that the s d Com tec put y° s d principal & In 1 when Rec d into y c 
Treasury of y s Province (taking a Receipt for the same) & that 
the same be burnt to ashes in the face of the Gen. Assemb. in or- 
der to sink so much of y e s d Bills of Credit of this Prov. emitted 
for carrying on the intended Expedition against Canada. Sent up 
y e 9 th by Capt. Gillman. [Concurred.] 

Message from the Governor relating to Justices of the Superior 

Court. 

[Copied from MS. Gov rs Messages, Vol. II, p. 185.] 

Province of 

New Hampshire 

Mr. Speaker & Gentlemen of the Assembly — 

Upon the resignation of the late Chief Justice, (1) during whose adminis- 
tration that Court was fallen into great disorder, and by repeated delays 
the course of Justice was in a manner put a stop to, for remedying 
thereof, I prevailed on the Hon^e Theodore Atkinson, Esq. to accept of 
a Commission for Chief Justice, & upon his acceptance, the other three 
Justices (who were upon the point of resigning) accepted allso, upon con- 
dition that as soon as the matters then depending, & that had laid so much 
beyond the usual time, were put in order, they might have leave to resign, 
without Incurring my displeasure ; which I thought it my duty both to 
his Majesty & his subjects to consent to, adding this condition, That if at 
the next sitting of the General Assembly proper provision was not made 
for supporting the Dignity of that Court, I could have no objection. Up- 
on this promise I received a letter signed by the Chief Justice & two of 
the other Justices, which you will have herewith delivered to you. 

(1) Hon. Ellis Huske, was Chief Justice from 1749 to 1754.— Ed. 



340 PROVINCE OF NEW-HAMPSHIRE. [1755. 

Knowing how interesting it was to his Majesty's subjects to have this 
Court filled with persons whose integritj r & usefulness could not be ques- 
tioned, 1 have taken care accordingly in my appointment, & I would in the 
most serious maimer recommend it to you, that it may be your care, that 
;t salary be fixed on the Chief Justice and the other Justices to enable 
them to support the Dignity of a Court, in which both the lives & fortunes 
of all his Majesty's subjects center; otherwise this Court must fall 
through, or persons unequal to the Station must supply the vacancy's, 
which upon any neglect of yours in what I have recommended, must hap- 
pen. 

B. Wentworth. 
Council Chamber in 
Portsmouth, Jan v 8 n > 1755. 

[p. 501.] Joseph Blanchard Esq. laying his account before the 
house relating to the extra expenses on y e soldiers sent y e summer 
last to Merrymack and Connecticut River amounting to the sum 
of twenty-two pounds three shilling & six pence new ten r Voted 
That it be allowed and paid out of y e money in the Treasury for 
that end, the ammunition mentioned in s d acct being allowed in the 
muster Rolls. Sent up Saturday 11 th Jau y 1755. "[Concurred.] 

Col Blanchard to Governor Wentworth. 

[[Copied from MS. Gov" Messages, Vol. II, p. 15)1.] 

The total of the wages of the Troops posted on Merrimack River, 1754, 
for 3045 davs, wages £391 : 17 : II 

Billeting, at Is, 3d. pr day 246 : 11 : 2 

£638: 0: 2 

..Deduct from each officer & soldier in the above muster role > 

the wages & Billeting charged after y e 7 th of November > £569 : 9 : 2 
.Allowance for ammunition — 15:12: 6 

£585: 1: 6 
The total of the muster-rool of the Troops under Maj 1 Bellows : 

On Connecticut River, 1754, Wages, £174 : 19 : 

Billeting 1751 days, at l-3d 109 : 4: ft 

£284: 3: 9 
Deduct from each officer & soldier in the above muster-rool, ) 
wages & billeting after the 9«« of Nov, 288 days, S £27; 9 : \ 

Total, £256:14: 7 
7: 0: 



Amunition 



£263:14: 7 
The total of the Muster-rool under Col. Josiah Willard on Connecticut 

river, total of wages £ }S : ,S! u 

Subsistauce 1659 days, at l-3</ pr day 103 • la • » 

£268 : 19 : 9 



1755.J JOURNAL OF THE HOUSE. 341 

Deduct from each officer & souldier in the above muster- 

rool the wages & billeting, after y e 9 th of Nov', 234 days £37 : 12 : 



Amunition 

(This miscast at loss 6s) 

Amunition delivered more than allowed to the soldiers 
Besides the several quantities many of the soldiers supply'd 
themselves with, 

Deduction from y e first vote of the House for subsistence 
1-3 d pr. day, 



£231: 
6: 


7: 
7: 


9 




£237: 


14: 


9 


£17: 


2 : 


6 



£91: 8: 9 



£108: 11: 3 
Deduction bro't over 134 : 1 : 2 

£242:12: 5 
All exclusive of the charges for subsistance in marching the 
men to their several posts— which acc ts now lye before the 
Gen 1 Assembly. 

May it please your Excellency — 

The aforegoing I extracted from the votes of y e Assembly passed on y e 
muster-rools & the subductions as they stated them, in which we are at 
loss besides much time & expense, £242 : 12 : 5. N. Ten?, in which your 
Excellency's Interposition is most humbly solicited for Relief of y e Troops, 
by your Excellency's most Dutifnll & most obed* serv 4 

Joseph Blanchard. 
His Excellencv B. Wentworth, Gov r &e. 



[p. 502.] Wednesday, Jau y 15 Ul 1755. 

Whereas there is an absolute necessity of raising a large sum oi 
money for the defence of the Frontiers of this Province against 
the Common Enemy and carrying his Majestys orders communicat- 
ed by Sir Thomas Robinson's Letter (1) to his Excellency the Gov- 
ernor into Execution, and whereas the Building or purchasing a 
Provincial House for his Excellency the Governor to dwell in will 
be of public Benefit, 

Voted, That there be a Tax of one Penny per acre laid upon all 
[p. 503.] the lands within this Province that are granted or laid 
out into townships or otherwise Improved or unimproved for two 
years to be applyed to and for the uses aforesaid as the General 
Assembly shall order, and to be collected in such way and man- 
ner as the .General Assembly may agree upon, and that Henry 
Sherburn jim r and John Page Esq. be a Committee of this house 
to joyn with such as may be appointed by the Hon bIe the Council 
to draw up an act accordingly ; — and further, Voted That when a 
suitable act has passed all the three Branches for the ends afores* 

(I) Sir Thomas Robinson's letter not found.— Ed. 



342 PROVINCE OF NEW-HAMPSHIRE. [1755. 

that then such sums of money as may be wanted for present emer- 
gencies be borrowed on the Credit of the aforementioned Fund. 
S-ent up by Mr. Wiggin. [Non-concurred.] 



Fry day Jan y 17 th 1755. 
Whereas it appears to this House that it will be of great Benefit 
and ad vantage to the Inhabitants of this Province, if this Province 
was divided and made into Countys, Therefore Voted, that this 
Province be divided and made into two Countys, and that the 
dividing line between the said two Countys shall be the River Mer- 
rimack, and the County lying to the Eastward of Merrymack 
River shall be called the County of Portsmouth, and that the 
County lying to the westward of Merrimack River afores d shall be 
called the County of Cumberland. And that the shire town in the 
said County of Portsmouth shall be the town of Portsmouth. And 
that there shall be held and kept at the town of Portsmouth afores d 
Two Courts of Gen 1 Sessions of the Peace and two Inf r Courts of 
[l\ 505.] Common Pleas within the said County of Portsmouth 
yearly at such days and times as shall be agreed upon, And two 
Courts of Gen 1 Sessions of the Peace and two Inferiour Courts of 
Common Pleas at Exeter within the said County of Portsmouth 
yearly at such days and times as shall be agreed upon and one Su- 
periour Court of Judicature, Court of Assize and General Goal De- 
livery -at Portsmouth aforesaid yearly, at such time as shall be 
agreed upon — and one Superiour Court of Judicature, Court of As 
size and General Goal Delivery at Exeter aforesaid yearly at such 
time as shall be agreed upon, And four Courts of General Ses 
sions of the Peace, four Inferiour Courts of Common Pleas and 
one Superiour Court of Judicature, Court of Assize and General 
Goal Delivery yearly at the town of Dunstable in said County of 
Cumberland, (which town of Dunstable shall be the shire Town of 
said County of Cumberland) at such days and times as shall be 
agreed upon and that Capt. Israel Gilman and Mr. Jon a Lovewell 
be a Com tee of this House to joyn with such as may be appointed 
by the Hon ble the Council to draw up an act accordingly. 

And farther Voted That in case the vote aforesaid, shall be car- 
ry'd into execution, that there shall be allow'd and paid out of the 
money that is or may be in the Treasury unto the Justices of the 
Supe 1 Court of Jud e &c. for this Province the sum ot one hundred 
and fifty pounds new Ten r for one year from y c time the act afores d 
shall take place, the better to enable them to attend the business 
of the County. 

Sent up by Mr. Mcmurphy.(a) 

[p. 506.] Eleaz' Russell, and Henry Sherburne jun Esq s . de- 
sired liberty to enter their dissents against the foregoing votes 
which was granted. 



1755.] JOURNAL OF THE HOUSE. 343 

(a) [To the above vote the Council say] "That the Council agree unan- 
imously with the house in its being very expedient to have the Province 
divided into two Counties and are Desirous of & should forward the 
same's being don, but could by no means consent to the Courts being 
moved from Portsm to Exeter, that having been heretofore don by an act 
of Assembly & the said Act being repealed by his Majesty & therefore the 
Council could not Enter into that consideration. Also inform the house 
that they tho't a Salary for the Judges of the Superior Court very neces- 
sary, but as it was in the vote granted conditionally and tacked to the 
other vote for moving the Courts — the Council could only advise to a new 
vote for that article." Jour. C. & Assem. p. 135. 

The House adjourn d till three of the clock in the afternoon by 
order of the Speak r . 

Post Meridiem. 

Met" according to adjournment. Theodore Atkinson, Rich* Wi- 
bird and Dan 1 Warner Esqs. came into the house and deliv'r d a 
verball message from the Council relating to the votes of this house 
concerning the Rating the improved and unimproved lands in this 
Province granted into Townships and otherwise and to the divid- 
ing y e Province into Conntys and offerd sundry objections why the 
Council could not concur with the said votes, but did not leave the 
s d votes or either of them with the House. 

They also bro't into the house a written message from his Ex- 
cellency the Govern our relating to the muster Rolls. 

Governor s Message. 

[Copied from MS. Gov 18 Messages, Vol. II, p. 187.] 

Province of 
New Hampshire. 

Mr. Speaker & 
Gentlemen of the Assembly. 

The delay in passing the muster Rolls in your house for the troops I 
posted on Merrimac & Connecticut Rivers, for the safety and protection 
of his Majesty's Subjects on the frontiers, has occasion'd a very great ex- 
pense to the officers attending that Service, and the deductions you made 
for pay & subsistance on those troops, I am apprehensive will be very 
prejudicial to his Majesty's service in all future levies. 

These deductions & the great expence the officers were at in attending, 
moved my Compassion towards them, from which I was prevailed upon 
to assent to your vote, (concurr'd by his Majesty's Council for the same 
reasons) with the deductions made on the Rolls of pay & subsistance, 
ammunition, &c. an instance of the like kind cannot be produced from the 
Records of the Parliament, it being the constant care of the Parliament 
not to infringe on the Prerogative of the Crown. Therefore since you 
have undertaken to pass upon & examine all muster Rolls, as soon as the 
officer has satisfied the House that the troops contained in his Roll were 
levied and posted by my orders, as near as the nature & circumstances of 
things would admit, it was your duty & obligation in support of such or- 
ders, without either delay or deductions to have passed upon them, oth- 
erwise his Majestys service is, & may be more affected than you can con- 
ceive of. 



344 PROVINCE OF NEW-HAM PSH IRK. [1755. 

The officer I appointed to command the Troops in the Sumer past, ac- 
cording to his usual Zeal and activity executed my commands out of a 
broken scattered Regiment, &, his services ought to meet with your high- 
est encouragement; but I am perswaded they were not duly weighed by 
the House, when there was no allowance made for his pay as Commander 
of the Troops : a matter of such consequence to his Majestys service welL 
deserves your attention. 

As soon as the Grants were made for the defence of the frontiers, I 
took under my consideration from what regiment the Troops could be de- 
tached, that would make the greatest saving to the Government, and find- 
ing that the difference would be very great between drafting them from 
Coll. Blanchard's regiment & the lower regiments, besides the difference 
in their usefulness to the frontiers, I made the principal Levy from his 
regiment with orders to get subsistance at the Expence of the Govern- 
ment, which was accordingly done, not in the lest doubting, but that I 
should have the concurrence of every branch of the Legislature, in giv- 
ing the highest encouragement to the provision countrys that could af- 
ford this aid to the Government, since the charges in transporting sub- 
sistance to the frontiers had been experienced to amount to more than 
the first cost in the Treasury. 

If the House had taken these things uprightly under consideration, the 
rolls would have been properly passed, the honour and Interest of the 
Government saved, & I should not have given you the trouble of this 
Message, & the application made to me for redress as you may observe by 
the Extracts from your votes, herewi h delivered to you. 

B. Wentworth. 
Council Chamber in 
Portsmouth, January 17, 1755. 

The House taking under consideration that part of his Excel- 
lency's message of y e 11 th Dec r last relating to his Salary and the 
Question being put whether the two hundred and fifty Pounds pr 
year for his more Hon ble and ample Support, arising from the act 
for the twenty five thousand Pounds Loan, extended beyond the 
duration and continuance of the said act, it'passed unanimously in 
the Negative. 

[p. o07.] Also the Question being put whether the payment of 
the sum of two hundred & fifty pounds new Ten 1 ' yearly to his 
Excellency during the continuance of the act for the twenty five 
thousand Pounds loan, was not in full discharge of the grant made 
to him by the s' 1 act towards his more Hon ble and ample support — 
it passed in the affirmative. 

Daniel Pierce Esq. came into the House and gave Bond for the 
faithfnll discharge of the office of Recorder, ami had the office oath 
administered unto him by the Hon ble Meshech Weare, Esq. 

Voted, That Henry Sherburne jun. Esq. and Matthew Liver- 
more be a Committee of this House to draw an answer unto his 
Excellency s message of this day. 



Wednesday, Jan- V 22 d 1755, A. M. 
Matthew Livennore Esq. Clerk of the House being absent. 



1755.] JOURNAL OF THE HOUSE. 345 

Voted, That Henry Sherburne jun. be clerk of the house pro Tem- 
pore. 

Mi\ Lovell sent to the Council with a Message to withdraw for 
farming out the Excise. 

[p. 509. J Mr. Secretary brought down the vote for farming- 
out the Excise & the following vote was passed & sent up in the 
room of it, viz. 

Whereas by an Act entitled an Act for granting unto his Majes- 
ty an Excise on several Liquors, it was Enacted that there should 
be paid by all Tavern-Keepers, Inholders & Retailers for all such 
wine, Rum & other spiritts, Cyder & Perry as they should sell or 
Retail, the Excise following, viz. By every Taverner orTnholder 
eio"ht pence pr gallon on wine, rum & any other spiritts, & for 
cyder or Perry eighteen pence pr. barrel & by every Retailer out 
of Doors six pence pr Gall, on any wine, Rum & other Spiritts, <fe 
whereas it appears that the s d Excise was set at too low a Rate in 
s d act, 

Voted, That all Tavern keepers, Inholders & Retailers within 
this Province pay the following excise for all wine, Rum, & other 
Spiritts, Cyder &, Perry which they shall sell or Retail, viz. ten 
pence pr. Gall, on wine, Rum & any other spiritts & for cyder & 
Perry two shillings pr barrell, for one year from the first day of 
January Inst. & that instead of farming out the Excise as in times 
past, the Province be divided into Districts & that Collectors be 
appointed to collect y e s d Excise, y* the s d collectors be invested 
with all the powers & authorities as the farmers of the Excise had 
by any former acts : that when the s d Collectors are appointed 
they be under oath for the faithfull Discharge of y e s d Trust & 
that each of them give Bond to the Speaker of this House for the 
time being in the sum of two thous d pounds new ten r with two 
sufficient sureties joyntly & severally ; that such Collector shall do 
all in his power to collect the same in his respective district & pay 
what he shall Receive of s d Excise or for fines unto the Treasurer 
of this Province' for the time being half yearly, deducting what 
shall be allowed him for collecting the same & that such collector 
shall also render an ace 1 thereof under oath unto the General As 
sembly when thereunto Required, & that there be Duplicates of 
y e s d Bonds taken one of which shall be lodged with the Speaker 
of this House for the time being, and the other with the Secretary. 

[p. 510.] Further Voted, That the Districts be as follows, viz. 

1 st Dist, That Portsmouth, New Castle, Rye, Greenland, New- 
ington, North Hampton & Gosport be one District, & that Rich d 
Jennes, Rye, Esq. be the collector for that District & that he be 
allowed four & an half pr cent for what money he shall collect in 
that District. 

2 d Dist. That Exeter, Hampton, Hampton Falls, South Hamp- 
ton, Kensington, Kingstown, East Kingstown, Newton, Stratham. 
Epping & Brentwood be one District & that Coll. Peter Gillman 



346 PROVINCE OF NEW-HAMPSHIRE. [1755. 

of Exeter, Esq. be the collector for that District <& that he be al- 
lowed six pr cent for what money he shall collect in s d District. 

3 d Dist. That Dover, Durham, Rochester, Barrington, Sum- 
mersworth, New market, Nottingham & Epsom be one District & 
that John Wentworth, of Summersworth, Gent, be the Collector 
for B d District & that he be allowed six pr Cent for what money 
he shall collect in s d District. 

4 th Dist. That Plastow, Ilampstead, Chester, Londonderry. 
Derry field, Pelham, Salem <fc Windham be one District & that 
John Mcnmrphy of Londonderry, Esq. be the Collector for that 
District <fc that he be allowed se'n & an half pr cent for what 
money he shall collect in s d District. 

5 th Dist. That Nottingham West, Litchfield & all other Towns 
& places on the East & West side of Merrimack River not before 
mentioned be one District, & that Jonathan Lovell of Dunstable, 
Gent, be the Collector for s a District & that he be allowed se'n & 
an half pr Cent for what money he shall collect in s d District. 

Further Voted That each of y c s d Collectors be furnished with 
a copy of the act that may [be] made in consequence of this vote, 
<fc any other necessary papers at the charge of the Province, — also 
that the Province shall be at the cost of the Bond that shall be 
given <fc oaths administ d to those persons that shall pay Excise 
& that John Mcnmrphy Esq. <fc Mr. Jonathan Lovell be a Com te( ' 
of 1 his House to joyn with such as may be appointed by the Hon 1 * 
Council to draw up an act accordingly. [Concurred.] 

The House adjournd till three of the clock in y c afternoon. 

[p. 511.] P. M. 

Met according to adjournment. 

Whereas it appears to this House that it will be of great advan- 
tage to the Inhabitants of this Government to have this Province 
divided into Counties, Therefore 

Voted, That this Province be divided into three Counties, & that 
Portsmouth, New Castle, Rye, Hampton, North Hampton, Strat 
ham, Greenland, Newington, Dover, Durham, Summersworth, 
Rochester, Barrington, & Gosport be one County, That Ports- 
mouth be the shire Town <fc that all the courts to be held in s li 
county by virtue of this vote be held at s d Portsmouth. 

That Exeter, Hampton Falls, Kensington, South Hampton, New 
ton, Kingston, East Kingston, Brentwood, Epping, New Market, 
Nottingham, Chester, Londonderry, Hampstead, Plastow, Salem, 
Pelham, Windham, Derryfield, Epsom, and all other Towns and 
places not before mentioned on y e east side of Merryinake River, 
except Nottingham West & Litchfield, be one County, and that 
Exeter be the Shire Town: that one Inf* Court of Common Pleas 
& one Court of Gen 1 Quart 1 " Sessions for y e yeare and every year 
be held at Londonderry, and that all the Vest of the Courts to be 
held in s d County by virtue of this vote, be held at Exeter. 



1755.] JOURNAL OF THE HOUSE. 347 

That Nottingham West and Litchfield and all Towns and places 
on the West side of Merymack River be one County, that 
Dunstable be the shire Town & that all the Courts to be held in s d 
County be held at Dunstable, till otherwise ordered by the Gen 1 
Asserab. 

That there be held yearly in each County four Inf r Courts of 
Common Pleas & four Courts of Gen 1 Quar r Sessions of the peace, 
Two Superiour Courts of Judicature, Courts of Assize & Gen. Goal 
Delivery in each of the lower Countys and one in the upper Coun - 
ty under such Regulations as shall be agreed upon by the Gen 1 
Assembly. That "there be one Court of Probates & Register of 
Deeds in the Shire Towns of each County, & that Coll. Peter Gill- 
man Esq. & Mr. Jonathan Lovell & Math. Livermore Esq. be a 
Com tee of this House to joyn with such as may be appointed by 
the Honb. Councill to draw up an act accordingly. Sent up by 
Mr. Giddings. [Concurred with an amendment. Jour. C. &, 
Assem., p. 140.] 



[p. 512.] Fryday afternoon, January y e 24 th , 1755. 

Whereas there is a number of Blank sheets in the Province Box 
which were struck of from the plates when the Bills of Credit were 
paid & whereas there is Reason to suspect that there are many 
Counterfeit Bills passing made in imitation of the true Bills of 
[p. 513.] Credit of this Province, and whereas it may be of publick 
Benefit fof each of the members of the Councill & Assemb. and al- 
so the Treasurer to have a Blank sheet for each plate by them that 
by comparing the Counterfeit Bills may bo the more safely detect- 
ed, Therefore 

Voted, That there be delivered out of the s <l Box unto each 
member of his Majesty's Councill and to each member of the Gen 1 
Assemb. & also to the Province Treasurer one of y e s d Blank 
sheets from each plate to be by them kept & taken care of for the 
purpose afores d & that they be returned again into the Province 
Box when the Gen 1 Assemb. shall give orders therefor. Sent up 
by Mess" Went worth & Knight. . 

Mr. Secretary brought down the foregoing vote concurred, with 
y e following amendment, viz. After the words each plate, the 
words being first wrote in the space on each bill for the signers 
names, viz, This Bill not to pass but be returned a Blank &c. 
which being read, 

Voted That it be concurred with : and the vote sent up again by 
Mess" Philbrick & Wiggin. 

An Act Entitled An Act for the Raising & Collecting sundry 
sums in bills of Credit on this Province due from sundry places 
unto y e Governm* w ch cannot be rais'd and collected for want of a 



348 PROVINCE OF NEW-HAMPSHIRE. [1755. 

Law to enable some person or persons to collect y e same, having 
been read three times, 

Voted That it pass to be Enacted.(l) 



Wednesday, Jan y 29, 175.5. 
[p. 515.] Kich d Wibird Esq bro't into the House a message 
from his Excellency relating to the lett r from Sir Thos. Robinson. 

Governor s Message. 
[Copied from MS. Gov rs Messages Vol. II. p. 11)7.] 

Gentlemen of the Assembly 

The day His Majesty's Commands arrived signified to me in S r Thomas 
Robinson's letter I lost no time in laying the same before the General As- 
sembly, being then sitting. 

In consequence of his Majesty's Commands in the before recited letter, 
Sr. William Pepperell demands of me an order on the Treasury for a sum 
of money which he will account for as his Majesty shall order, — which he 
says will greatly contribute towards fitting & completing his Regiment. 

Sir William likewise demands my orders for billeting & quartering the 
soldiers that are already raised, or may be raised within my government 
for his Majesty's service & in obedience to his commands. 

The Government of Connecticut I am informed have resolved to bear 
the expence of three hundred men, as to subsistence, & have under con- 
sideration a bounty, to Encourage men to Inlist to fill up the new Regi- 
ments. 

Upon these points I have been waiting & expecting your determination 
Tor a longer time than I could reasonably expect, & as I have desired a 
day or two to give my Answer to Sir William Pep perch's demands, I shall 
not be dubious, but that you will exert yourselves, and fully enable me to 
Execute his Majesty's Commands, which appear to me not on'y Just, but 
reasonable. 

B. Wentworth. 
Council Chamber 
in Portsmouth, Jan v 
28* 1755. 

Answer to Governor's Message. 

May it please your Excellency 

In answer to your Excellency's message ol yesterday to this House 
permit us to say that on the fifteenth Instant this House passed a vote for 
raising a sum to answer the ends proposed in Sir Thomas Robinson's let- 
ter to your Exc v , w ch vote was sent up to the Hon ble the Council the same 
day. The House at present do not know of, nor can, they think of any 
other way, whereby they can raise any sum of money under the present 
difficult and distressing circumstances and situations of the Provincial 
affairs. 

[p. 516.] We are desirous of contributing everything in our power to 
answer his Majesty's expectation and designs for the common good of 
his subjects in these pails, and it appears to us that if the above vote 

(I) Sec an application of this Act to How. in Bouton's Hist. of Concord, pp. 21G-218.— 
Ed. 



1755.] JOURNAL OF THE HOUSE. 349 

should pass & be carryed into execution, it will be the best provision v we 
can make for these ends. 

We do not know what right Sir Win. Pepperell may have to make such 
demands on your Exe>' as mentioned in your Exc- vs message, we can find 
nothing in Sir Thomas Robinson's Letter that countenances such de- 
mands. 

Voted That the above be sent to his Excellency as an answer 
unto his Excellency's message to this House yesterday. Sent up 
by Mess rs Mcmurphy and Thomas. 

Col. Downing bro't into the House a message from his Excel- 
lency with Mr. Mitchell's ace*. 

y 

Governor s Message. 

3L\ Speaker and Gentlemen of the Assembly. 

The account of George Mitchell Esq. which you will herewith have 
deliverd to you, was a debt arising to the Province in consequence of 
orders & directions I received from the Right Hon ble the Lords Commis- 
sioners of Trade and Plantations, and as those plans have long since 
been transmitted by me, by their Lordships commands, I am hoping you 
will not fail of making a reasonable allowance for said service. 

B. Wextwortix. 

Council Chamber in 
Portsmouth, Jan. 29t&. 1755. 



Dr. His Majesty's Province of New Hampshire, to George Mitchell. Cr. 

To 23 Days said Mitchell was Iraployed in collecting sev- ^ 

cral surveys & in Reducing the same to one scale in order > £115 : : 0. 
to lay down a Map of the Province, at 10s- ster». pr Diem S 

G4 Days Imployed in Drawing two copys of the same — £320 : : 

Paid for Paper for said use — 2:0:0 

Paid Joseph Buss for two Boxes to Inclose the Maps— 3:0:0 



Portsmouth, Octo 1 ' 3 d . 1751 



Old Tenor £440 : : 
pr. George Mitchell. 



[The following Journal and acet of W alter Bryent for running the Di- 
viding line between the Province of New Hampshire and the Province of 
Maine, was recently found by the editor in a MS. volume in the Secre- 
tary's office, labelled "Province Boundaries 1G77-17G7."] 

Walter Bryents Journal in running the Boundary between New Hamp- 
shire and that part of the Massachusetts Bay called County of York, 1741. 

March 13, Fryday. I set out from New-Market with eight men to as- 
sist me, in running & marking out one of the Province Bounderys — 
lodged at Cochecho. 

14. Saturday. Sent our Baggage on logiug sleds to Rochester from 
Cochecho under the care of three men, the other five continuing with me 
-at Cochecho, it being foul weather. 



350 PROVINCE OF NEW-HAMPSHIRE. [l«fc 

15. Sunday. Attended Public worship at Cocheclio, and in the even- 
ing went to Rochester and lodged there. 

16. Monday. Travelled through the upper part of Rochester and 
lodg'd in a Loging Camp. 

17. Tuesday. Went on Salmon Fall River & travell'd up said River 
on the ice above the second pond and campt. 

18. Wednesday. Went to the third pond & about two of the clock in 
the afternoon it rain'd & snow'd very hard feoblidg'd us to camp — extream 
stormy that night and two men sick. 

19. Thursday. Went to the head of Neckawannock River and there 
set my course, being North two Degrees West, but by the needle North 
Eight Degrees East, and run a half mile on a neck of Land with three 
men — then return'd to the other live & campt. 

20. Fryday. Crost the head pond which was a mile over, and at two 
hundred rods distance from s (1 head pond was another which lay so in my 
course that I crost it three times, and has communication with Mousum 
River as I suppose — from the last mention'd pond, for six mile together 
I found the land to be pretty even, the growth generally White and Pitch 
Pine. (N. B. At the end of every mile I mark'd a tree where the place 
would admit of it, with the number of miles from the head of Nechawan- 
nock River.) Went over a mountain from the summit of which I plainly 
see the White Hills & OssipaPond, which [pond] bore about North West 
and was about four mile distant. There also lay on the north side of said 
Mountain at a mile distant a pond in the form of a Circle, of the Diam- 
eter of three miles, the East End of which I crost. I also crost the River 
which comes from the East and runs into said pond & campt, had good 
travelling to-day & went between seven and eight miles. 

21. Saturday. In travelling rive miles (the land pretty level) from the 
place where I campt last night, I came to a river which runs out from the 
last mention'd pond & there track'd an Indian & three Dogs, kill'd two 
Deer & campt. 

22. Sunday. Remained in my Camp & about nine o'clock at night the 
camp was hail'd by two Indians (who were within fifteen rods of it) in so 
broken English that they called three times before I could understand 
what they said, which was, "what you do there," — upon which I spoke 
to them and immediately upon my speaking they ask'd what news. I told 
them it was Peace. They answerd, "May be no." But however, upon 
my telling them they should not be hurt, and bidding them to come to the 
Camp, they came & behav'd very orderly and gave me an account of Os- 
sipa pond '&, River, as also of a place call'd Pigwacket. They told me the 
way to know when I was at Pigwacket was by observing a certain River 
which had three large hills on the south west side of it, which narrative 
of said Indians respecting Ossipa, &c. I found to correspond pretty well 
with my observations. They also inform'd me of their names which were 
Sentur & Pease. Senior is an old man, was in Capt. LovewelFs fight, at 
which time he was much wounded and lost one of his eyes; the other is 
a young man. They inform'd me there living was at Ossipa pond. They 
had no gun but hatchett and spears. Our snow shoes being something 
broken they readily imparted wherewith to mend them. They would 
have purchased a gun of me, but could not spare one. They were very 
inquisitive to know what bro't Englishmen so far in the woods in peace, 
whereupon I inform'd them. And upon the whole they said they tho't it 
was war finding Englishmen so far in the woods & further that there were 
sundry companys of Indians a hunting & they believed that none of s' 1 
companys would let me proceed if ihey should meet -with me. 



1755.] JOURNAL OF THE HOUSE. 351 

23. Monday. Parted with Indians & went to Ossipa River which is 
fifteen miles from the head of Salmon Fall which number of miles I mark'd 
on a pretty large Tree that lay convenient. (And in my return I found 
on said Tree a sword handsomely form'd grasp'd by a hand.) One mile 
from Ossipa River came to a monntain from the top of which I saw the 
AVhite Hills. TravelFd over five large mountains. Campt. 

24. Tuesday. Found the snow very soft to clay, so that we sunk half 
leg deep in snow shoes. See where two Indians had Campt on Hemlock 
Boughs. Campt. Snow'd all night. 

25. Wednesday. Continued snowing all day & night. The general 
depth of the snow with what fell last night & to day was four foot and an 
half to five feet deep. 

26. Thursday. The Weather fair & clear and in my travel to day saw 
the White Hills which were West and by North from me, and about seven 
miles distant as near as I could guess. I also see Pigvvaket Plain or In- 
tervale Land as also Pigwaket River which runs from the North West to 
the South East and cuts the aforesaid Interval to two Triangles, it lying 
North & South about eight miles in length & four in breadth. 

About two or three miles beyond Pigwaket I saw a large body of Water 
three or four miles long & half a mile broad, but whether River or Pond 
I do not know. 

27. Friday. Finding the travelling Difficult by the softness of the snow 
and the Rivers and Brooks breaking up, together with some backward- 
ness in my men to venture any further, I concluded to return, which I did 
accordingly, and on Wednesday the first of April we got safe to New 
Market and all in good health. 

Walter Bryent. 

Prov : of ) May 22, 1741. Mr. Walter Bryent made oath that this is a 
N. Hamp 1 ' ) true and exact Journal of his survey of part of one of the di- 
visional boundaries between his Majesty's Province of New Hampshire 
and the Massachusetts Bay, made by him according to the best of his skill 
and observations. 
Sworn before, Rich d Waldron, J' Peace 

The charge of Riming y e Dividing line between y e Province of Main for 
myself and eight men. 
To two days myself at Portsm attending on his Excels the 

Governor and Counsell in order to an agreement . . £1 : 10 : 00 
To one day, Ditto 15s, and three men that where sworn, for 

line men, at 10s per day, each 2 : 5 : 00 

To myself seventeen days, at 23s pr Day, . . . . 19:11:00 

To eight men each 17 days at 13s pr Day . . . . 88 : 08 : 00 

To a Plan & Return by y e agreement £5. (& I gave three) . 5 : 00 : 00 



£116:14:00 
Received . . . . . . . . ■. 85:00:00 



Remains £31 : 14 : 00 

Errors Excepted pr 

Walter Bryant. 
Newmarket, 1741. 

In the House of Representatives Feb. the 12* 11 1741 The within allowed 
to be p<*, £31 : 14. 

James Jeffrey, Clerk. 
In Council Read & concurred, Feb. 18 ; 1741 

R, Waldron 
Assented to 

B. Wextworth. 



352 



PROVINCE OF NEW-HAMPSHIRE. [1755. 



[p. 517.] Upon reading the vote of Council on y c vote of this 
bouse on y e 22 fl Instant relating to the Division of this Province 
into three oountys, Voted, That the said vote of Council be non- 
concurrd and further Voted. That the house adhere to their former 
vote with this amendment, viz. That the word Newton in the 
second Paragraph be read New Town. 

Sent up 31 by Dea. Philbrick. 

The House adjourned till tomorrow morning nine o'clock by or- 
der of y e Speak r (a) 

(a) The petition of Jeremiah Webster & others setting fourth that they 
were proprietors of a tract of land called Stevens-town, within this Prov- 
ince & had built a fort and made considerable Improvements on the said 
land &c. Praying for soldiers to maintain the Same — read and sent down. 
Jour. C. & Assem. p. 140. 



[p. 518.] Report of Committee. 

Province of ) Jani\ 31 st 175.". 
New Hamp r 5 

Agreeable to a vote of the Council and Gen 1 Assembly of the 2t lU in- 
stant, consented to the same day by his Excellency the Governour, we 
have taken out of the Province Box forty-four Blank sheets of the Great 
Plate for Impressing Paper Bills on the credit of the Province, and the 
same Number of the small plate for Ditto and have wrote the words in 
the same vote ordered, in the space, in each Bill for the signers names and 
have delivered the said Bills as the said vote directed and have left a 
memoranda of the same in the said Box, which is humbly submitted, by 

Meshcch Weare, Speak 1 
Theodore Atkinson, Sec 1 ? 

The foregoing Report being presented to the House by the 
lIon ble Theodore Atkinson and Meshech Weare Esq. for accept- 
ance, 

Voted that it be accepted. Sent up, Feb 1, by Mr. Knight. 

The House adjournd till tomorrow morning nine o'clock by order 
of the Speak 1 '. 



Saturday, Feb. l bt 1755. 

The Committee appointed to examine the Treasurer's acc ts . inak 
ing Report that there is due unto this Province from said Treas 
urer to balance the sum of four thousand nine hundred and thirty 
pounds fourteen shillings and five pence New Ten 1- , besides the 
Province Tax for the year 1754, which is not included. 

Voted That the Report of s d Committee be accepted. Sent up 
by Capt. Wentworth, Esq' Page & Mr. Philbrick. 

Whereas Capt Israel Oilman is willing at the desire of this house 
to go to Haverhill with proper officers and endeavour the appre- 
hending of Eben' Kimball and David Emerson, jun. two persons 



, 



1755.] JOURNAL OF THE HOUSE. 353 

suspected to be concern'd in counterfeiting and altering Bills in 
imitation of the Bills of Credit of this Province, 

Voted, That s d Gilman receive out of the publick Treasury 
twelve Pounds ten shillings new Ten r to enable him to conduct and 
manage s d aifair and that he render account thereof to the Gen 1 
Assembly. Sent up by Mr. Wiggin. [Concurred.] 

The Secretary came into the House and said be was directed by 
his Excellency to prorogue the Gen 1 Assembly to Tuesday the 
eleventh day of March next ten of the clock in the forenoon and 
accordingly in his Majesty's name prorogued the same, (a) 

(a) [Before the prorogation the following Bills were passed to be en- 
acted, viz.] 

1. An act for granting liberty to the proprietors of Merrimack to lay a 
Tax on non resident Lands within the said Town. 

2. An act for the more easy & speedy prosecuting Actions of ejectment. 

3. An act for the more speedy making Partition of real Estates &c. 

4. An act for regulating the Town meetings in Bow. 

5. Additional act for enforcing the payment of the arrears of the Prov- 
ince tax. Jour. C. p. 140, 141. 

Letter from Sir T. Robinson to his Excellency Gov v Went- 

worth. (1) 

[Copied from MS. Corr. Vol. II, p. 89.] 

Whitehall, OcU 26, 1754. 
Sir, 

Having informed you in my letter of July 5 th that the King- had under 
his consideration the state of affairs in North America, I am now to ac- 
quaint you, That amongst other measures that are thought proper for the 
Defence of his Majesty's just Eights and Dominions in those parts, the 
King has not only been pleased to order two Regiments of foot consisting 
of 500 men each, besides commissioned and non-commissioned officers 
commanded by Sir Peter Hackett and Colonel Dunbar to repair to Vir- 
ginia and to be there augmented to the number of 700 each, but likewise 
to send orders to Gov r Shirley, and Sir William Pepperell to raise two 
Regiments whereof they are respectively appointed Colonels, of 1000 men 
each, and also to sign commissions for a number of officers to serve in 
the said Two Regiments, and who will forthwith repair to North America 
for that purpose. 

Whereas there will be wanting a considerable number of men to make 
up the designed complements of the said Regiments, it is his Majesty's 
pleasure that you should be taking the previous steps towards contributing 
as far as you can to have about 3000 men in readiness to be enlisted ; and 
it is his Majesty's Intention, That a General Officer of Rank & Capacity to 
be appointed to command-in-chief, all the King's forces in North America, 
a Deputy Quartermaster General and a Commissary of the Musters shall 
set out as soon as conveniently may be in order to prepare every thing for 
the arrival of the forces above mentioned from Europe, and for the rais- 
ing the others in America. You will receive from that General Officer 
and the other officers just mentioned a full and exact account of the 
arms clothing and other necessaries to be sent upon this important occa- 

(1) This letter was referred to by the Governor in an address to the Council, Feb. 26, 
1755. (See p. 29.)— Ed. 

23 



354 PROVINCE OF NEW-HAMPSHIRE. [1755. 

sion, as likewise of the ordinance, stores, and of the officers and attendants 
belonging thereto — all which being orderd for this service are such proofs 
of his Majesty's Regard for the security and welfare of his subjects in those 
Parts, as cannot fail to excite you to exert yourself and those under your care 
to take the most vigorous steps to Repell your common danger, and to shew 
that the King's orders which were sent you last year by the Earl of Hol- 
derness and were renewed to you, in my letter of the fifth of July, have 
at last roused that Emulation and spirit which every man owes, at this 
time, to his Majesty, the publick, and himself. The King will not there- 
fore Imagine, that either you or the rest of his Governors will suffer the 
least neglect or Delay in the Performance of the present service, now 
strongly recommended to j'ou, particularly with regard to the following 
Points : viz. 

That you should carefully provide a sufficient quantity of Fresh Vic- 
tuals at the Expense of your Government to be ready for the use of the 
Troops at their arrival : That you should likewise furnish the officers 
who may have occasion to go from place to place, with all necessarys for 
travelling by land, in case there are no means of going by sea, and that 
you should use your utmost diligence and authority in procuring an exact 
observance of such orders as shall be issued from time to time, by the 
Commander-in-chief, for quartering the Troops, impressing Carriages, 
and providing all necessarvs for such Forces as shall arrive, or be raised, 
within your Government. As the articles above mentioned are of a local 
and peculiar nature and arising entirely within your Government, It is 
almost needless for me to acquaint you, That his Majesty will expect the 
charge thereof be defrayed by his subjects belonging to the same. But 
with regard to such other articles which arc of a more general concern, 
It is the King's Pleasure that the same should be supplyed by a common 
Fund, for the Benefit of all the Colonies, collectively, in North America, 
for which Purpose you will use your utmost Endeavours to induce the As- 
sembly of your Province to raise forthwith, as large a sum as can be af- 
forded, as their contribution to this common Fund, to be employed, pro- 
portionally, for the general service of North America, (particularly for 
paying the charge of levying the Troops to make up the Complements of 
the Regiments above mentioned) until such time as a Plan of general un- 
ion of* his Majesty's Northern Colonies for their common Defence can be 
perfected. 

you will carefully confer or correspond, as you shall have opportunity 
upon every thing relative to the present service with the said General, Sir 
William Pepperell and Governor Shirley or either of them, and as it is the 
King's Intention to give all proper encouragement to such persons who 
shall engage to serve upon this occasion, you will acquaint all such per- 
sons in the Kings name. That they receive arms and cloathing from hence, 
and that they shall be sent back (if desired) to their Respective Habita- 
tions when the service in America is over. As the several Governours in 
all the Kings Provinces and Colonys in North America will receive by 
this conveyance a letter to the same effect with this which I now send 
you, they will be prepared, at the same time to obey his Majesty's com- 
mands, and I am to direct you, to correspond with all or either of them 
occasionally as you shall find expedient for the general service. 

I am, Sir, your most obedient humble serv*. 

T. Robinson. 
A true copy — 

Attest. Matthew Livermore 

Clerk of ye House of Representatives. 



1755.] JOURNAL OF THE HOUSE. 355 

[p. 520.] Tuesday March 11 th 1755. 

A few of the members met, but not the Speaker nor sufficient 
to make a house. [Adjourned till] 

Wednesday, 12 th . 

The Secretary bro't into the House in the forenoon a written 
message from his Excellency : 

Governor s Message. 
[Copied from MS. Gov'rs. Messages, Vol. II, p. 211.] 
Mr. Speaker & Gentlemen of the Assembly : 

Having matters of great Importance for his Majesty's service, & the In- 
terest of all his Colonys in North America to lay before you, which it is 
proper should not be made public at this time, I must desire, that pre- 
vious to my acquainting you therewith, that the/ respective members do 
severally swear, not to divulge or make public either the whole or any 
part thereof, until the nature & circumstances of the service you are to 
take under consideration make it necessary. 

As soon as I am informed that your Members are sworn, I shall require 
your attendance in the Council Chamber. 

B. Wextwortii. 
Council Chamber in Portsmouth. 
March 11 th , 1755. 

In consequence of the foregoing message, this afternoon the fol- 
lowing members took an oath of secresy relating to the foregoing 
message, viz. 

Meshech Weare, Esq. Peter Gil man, Esq. 

Eleazer Russell, Esq. Mathew Livermore 

Mr. Jonathan Tuck Thomas Millet, Esq. 

Mr. Zebulon Gidding Mr. Joseph Philbrick 

Mr. Thos. Wiggin ' Mr. John Knight 

Clem*. March, Esq. John Mcmurphy Esq. 
John Page, Esq. 

Mess 1 '* John Knight, John Mcmurphy and John Page sent with 
[p. 521] a message to his Excellency to acquaint him that there 
is a House and that the members present had taken the oath of se- 
cresy referr'd unto in his Excellency's message of this day. 

The Secretary came into the House and said his Excellency re 
quired the attendance of the house at the Council Chambers and 
his Excellency made a speech, which was delivered to the Speaker. 

[Copied from MS. Governor's Messages, Vol. II, p. 213.] 
Gentlemen of the Council and of the Assembly — 

The dangerous encroachments made by the subjects of the French King 
in divers parts of his Majesties Dominions in North America by building 



350 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Fortifications and doing other unwarrantable Acts, demand the aid of all 
and each of his Governments and their united force, not only to demolish 
such Fortifications, as we have just pretentions to, but to erect others in 
such parts of the Continent as may appear most probable to be useful 
when a war with France shall happen ; more particularly it should be the 
political view of these Governments that are Exposed both in peace and 
in war to the depredations of the Indians, to curb and restrain, as much 
as in them lies, those Forts in the French King's possession, which have 
served as a place of safe Retreat to the Indians, after they had committed 
the most insulting outrages on our Frontiers. 

To answer these ends amongst others his Excellency William Shirley 
Esq. in his speech to the General Assembly of his Government of the 
13 th of February last, recommends the necessity of building a strong 
Fort near the French Fort at Crown Point; the recommendation was 
committed, reported upon and accepted by the whole Legislature. The 
Governor's Speech and the Committee's Report I shall order to be laid 
before j r ou, That you may be informd what measures that Government 
has thought expedient, in consequence of the Governor's recommenda- 
tion, and in support of the common cause. 

From the preparations his Majesty has been pleased to make to dislodge 
the French from their unjust encroachments in Nova Scotia and on the 
Ohio, it appears to me a most favourable conjuncture to give the French 
Troops a further diversion by erecting a strong Fort at or near their Fort 
at Crown Point; and I do in the most earnest manner Recommend 
it, as essential to the future peace and welfare of all his Majesties 
Colonies. I shall not therefore doubt but that you will forthwith by a 
Committee of both houses, take this matter under your consideration, 
and report what measures this Province ought to take in conjunction 
with his Majesties other Governments, in this general concern. 

Governor Shirley had no sooner imparted to me the resolution taken by 
his Government for the service herein mentioned, but by the advice of 
His Majesties Council I put a stop to the exportation of all kinds of pro- 
visions and warlike stores from this Port to any of the French Colonies, 
and have given the necessary orders to the proper officers for a due obser- 
vance thereof. But to render my orders more effectual, and to prevent 
the port from being intirely shut up, which may be injurious to our trade, 
a short act is still wanting on the present occasion. 

The government of the Massachusetts have passed an act to enforce 
the Governor's orders in this particular, and his Honour James DeLancey, 
Esq. Lieutenant Governor of New York, by the last post transmitted an 
act passed in that Government for a time therein limited for the same 
purposes, which shall be laid before you for your guidance in a thing so 
necessary at this time. Mr. DeLancey also signifies to me that he had 
given his assent to a Bill for Emitting £45»000 that currency of which 
£30,000 was granted to fortiiie New York and the Northern Frontiers of 
that Province. 

That both the Council and Assembly may be iniformed of what conse- 
quence it is to all the Northern Colonies to remove the French from the 
encroachments they have already made on his Majesties Dominious, and 
to prevent the like for the future, I shall be ready to communicate all the 
Intimations and Informations I have ree'd relative thereunto, and I am 
hopeing that it will be the care of every branch of the Legislature to re- 
move all obstructions and impediments to their great design and necessa- 
ry service, and that a happy union in the counsels of the respective Gov- 
ernments will prevail. 

It being consistant with his Majesties Commands that I should, in con- 
junction with the Governors of his other Provinces, use my utmost En- 
deavours to be aiding and assisting in removeing all encroachments made 
by the French on any part of his Dominions, the intended Enterprise seems 



I755.J JOURNAL OF THE HOUSE. o57 

not only calculated to answer his M°jesties gracious intentions for those 
ends, but to be universally beneficial to the whole Continent, and with the 
other measures his Majesty is taking must establish the future happiness 
of all his Colonies in America and should it please Almighty God, the 
wise Disposer and Governor of all Events to smile on this important un- 
dertaking and grant a blessing to his Majesties arms and the united coun- 
cils of his Governments, it must convey such a lasting store of blessings 
on our posterity, and greater than, at this time, I can express or you can 
conceive. 

Since then we may promise ourselves Benefits universally extensive, if 
we unite in our Counsels and joint endeavours to remove the Invaders, 
Enemies that threaten, and have already made great advances towards 
striping us of our most valuable enjoyments, both civil and religious, & 
so Plac'd in their stead the most intollerable Yoke of Tyranny and Super- 
stition — It would be unpardonable in this generation to suffer such a 
train of Evils, which by the blessing of God, appear to be in our power 
to prevent from descending on those that are to succeed us, without ex- 
erting ourselves to the utmost, even to the half of what we now possess. 

The Expence will be great, but neither that, or any other considera- 
tion, can be put in the ballance against impending Tyranny, the loss of 
our civil and Religious privileges, seting up Superstition and Idolitry in 
the room of the pure worship of the one only liveing and true God, noth- 
ing can be brought in competition with, or bear the least proportion to, 
the Evils and Calamities I have enumerated, should the French succeed in 
their destructive counsels. 
Gentlemen — 

Therefore let it not hereafter be told in Gath, or ever published in the 
streets of Askelon, that so many populous Colonies of Protestants should 
tamely submitt to entail irretrievable misery and bondage on the Gen- 
erations yet to be born, (a burthen which our fathers could not bear) 
without makeing our strongest efforts to Repel the threatening danger, — 
Providence seems to have pointed out the way to effect it, and even the 
time when this great event shall be brought about; nothing therefore 
remains to be done on our part, but to make use of the means which I 
hope to find fully advised to, in the report of your Committee. 
Council Chamber in B. Wentworth. 

Portsmouth, 12 March 175,>. 

Mr. Thomas Hale came into the House and took the oath of se- 
cresy as sundry of the other members had before done. 

The Secretary bro't into the House a copy of Gov 1 ' Shirley's 
Speech to the Council and House of Representatives of the Prov- 
ince of the Province of the Massachusetts Bay of the 13 th of Feb y 
last, also the Copy of the Report of a Committee of the Gen 11 
Court of the Province of the Massachusetts Bay relating to sundry 
things therein mentioned, also the Copy of an Act lately passed 
by the Governm't of New York relating to the prohibiting the 
carrying Provisions to the French, and said That the Governor 
had not copys of the afores d Papers, and that when the House had 
made what use of them they should think proper, he would have 
them be deliver'd to the Secretary. 



358 PROVINCE OF NEW-HAMPSHIRE. [1755. 

[Papers above referred to.] 

Governor Shirley s Message. 

[Copied from MS. Gov" Messages, Vol. II. p. 210.] 

Gentlemen of the Council 

and House of Representatives — 

Since making my Speech to you at the beginning of this Session, upon 
considering the happy effects w ch thro' the Divine blessing upon his Maj- 
esty's arms, we may promise ourselves for this Government, from the Ex- 
pedition now fitting out for dislodging the French from their Forts upon 
the Isthmus and St. John's River in Nova Scotia, and driving them out of 
that Province, it hath occurr'd to me as a very considerable one, that it 
affords us a most favourable opportunity for building a Fort upon the 
rocky eminence near Crown Point, within the limits of his Majesty's ter- 
ritories, w ch may command the French Fort there, and put it into our 
Power, in case of a Rupture w th France, to march an army in a few days 
to the gates of the City of Montreal itself & pour our troops into the 
heart of their country. 

How greatly such an eveut is to be wish'd for, how much Blood & 
Treasure it would save to his Majesty's subjects of New England & New 
York in a time of War, I need n >t observe, Gentlemen, to you : The Dep- 
ledations committed upon us in the late War by the French and their In- 
dians from Fort St. Frederick, are still fresh in our memories ; and Prov- 
idence seems to point out the present conjuncture as the most proper op- 
portunity for securing ourselves against them for the future. 

The Chief force and attention of the French is now employ'd upon the 
Ohio in extending their Incroachments upon his Majesty's Territories in 
those parts ; and in a short time, upon the first dawn w ch the Enterprise 
for removing the French out of Nova Scotia will give them in Canada, 
they will naturally draw from thence what force they can spare for the 
support of their Incroachments upon the Isthmus and St. John's River; 
and in this divided State of their forces and counsels It is mos' evident, 
that the country about Montreal must be very unprepar'd to repel the at- 
tempt I am now speaking of; especially if to the surprise w ch they must 
then be in at the appearance of a considerable Body of troops so near one 
of their two capital cities a faint should be made at the Head of Kenue- 
bec or the River Chaudiere, to cause a Diversion of their forces in Can- 
ada for the defence of their Metropolis at Quebec. 

How greatly the operations I propose, if carried on this year must con- 
tribute towards ridding his Majesty's Colonies upon this continent of 
the French Incroachments w th which they are now hemm'd in from Nova 
Scotia as far as North Carolina; to the reclaiming of the whole Body of 
Indians to the English Interest, establishing a Barrier Line of Forts 
against the French settlements on the north side of the River St. Law- 
rence, and making ourselves masters of the Principal passes into Canada, 
for driving the French off this continent whenever it shall be his Majes- 
ty's pleasure to order that to be done, I am perswaded. Gentlemen, you 
so fully conceive, that it is needless for me to dilate upon it. 

You well know, how much the success of the Expedition against Louis- 
bourg was owing to it- being well tim'd; had it been deferr'd to the year 
following, it seems doubtfull what might have been the event of it. 

Let us avail ourselves of the present conjuncture with the same pru- 
dence & activity that we did of that against Cape Breton, and we may 
hope for equal success; and this Province will have the Honour to be the 
tirst mover in the operations for restoring the General tranquility of North 
America, as it had of being in those of 1745, w l ' h contributed so greatly 
towards the restoration of a general Peace to his Majesty's Dominions. 

It will require no small Force, Gentlemen, to execute with success the 



1755.] JOURNAL OF THE HOUSE. 359 

Enterprise I propose ; and so far as it depends upon me, you may reiy 
upon the Assistance at least of my Regiment to do it. 

This is an object, gentlemen, well worthy your closest attention ; and I 
should have been greatly wanting in my vigilance for the security & wel- 
fare of his Majesty's good People within this Province, if I had not warn'd 
you of it: Whit I propose to you for your consideration may possibly 
prevent a very expensive war, w ch seems very nearly approaching us. 

If you will make provision for enabling me to pursue the measures 
proper for the occasion, you may be assur'd, Gentlemen, that I shall exert, 
my best endeavours to carry them into Execution. 

W. Shirley, 
Council Chamber, Feb? 12, 1755. 

Copy— Attest, Pr. Thos. Clarke, D*> Seer. 



Report of Committee on the foregoing Message. 

[Copied from MS. Corr. Vol. II, p. 169.] 

At a great and General Court or Assembly for his Majesiys Province of 
the Massachusetts Bay in New England begun and held at Boston, upon 
Wednesday the 29 th day of May 1754, and continued by adjournments ■& 
Prorogation unto Wednesday the 5 th clay of February following, & then 
met — 

The Committee to whom was referred the consideration of his Excel- 
lency's Message of the 13 th and 15 th Instant having maturely deliberated 
thereon report as their opinion, 

That the attempting to erect a strong Fortress upon the eminence near 
to the French Fort at Crown Point or upon some other parts of his Maj- 
esty's lands not far distant from the said Fort is a measure highly neces- 
sary to be forthwith pursued in order to secure his Majesty's Territories 
from any further encroachments of the French, and to remove such en- 
croachments as have already been made. 

That in order to erect such a Fortress, and to repel any force that may 
be brought to oppose the erecting the same, and to revenge any hostilities 
or iusults that may be offered during the execution of this design, an army 
of at least live thousand men will be necessary. 

That his Excellency the Governour be desird forthwith to make the 
necessary preparations for such an Expedition, to appoint and commis- 
sionate a general officer to command the same, to advise his Majesty's 
other Governments hereafter mentioned of this design, and in such man- 
ner as he shall think most effectual to urge them to join therein, and to 
raise their respective proportion of men as follows, viz. New Hamp- 
shire six hundred men, Connecticut one thousand, Rhode Island four hun- 
dred, New York eight hundred, or such larger proportion as each Gov- 
ernment shall think proper. 

That his Excellency be desired to endeavour that his own Regiment or 
Sir William Pepperell's or both be employed in this service. 

That as soon as it shall appear that the said number of Five Thousand 
men, including those from this Province, shall be agreed to be raised, his 
Excellency be desired to cause to be enlisted twelve hundred men and to 
promise to each of them a good blanket at their enlistment and twenty- 
six shillings and eight pence pr month wages during the service, and an 
exemption from all Impresses for three years after the r discharge ; and 
to such of them as shall be provided with sufficient arms, a Dollar over 
and above their wages, to be paid at the first muster, and full recompence 
for such arms as shall be inevitably lost or spoiled, and that the pay of 
the officers shall be the same with that of the officers in the late expedi- 
tion to Kennebeck. 



300 PROVINCE OF NEW-HAMPSHIRE. [1755. 

That his Excellency be desired likewise to make application to the Gov- 
ernment of New Jersey to raise an additional number of men in propor- 
tion to the circumstances of that Government, to be employed in the ser- 
vice aforesaid, and also to the Government of Pensilvania urging them to 
contribute a quantity of Provisions to be transported to Albany for the 
service of the army. 

P>y order, John Osborne. 

February 18, 1755. 

In the House of Representatives February 18, 1755, read & accepted. 
Sent up for concurrence, T. Hubbard, sp kr : 

In Council, February 18, 1755, Read and concurr'd 

Thos. Clarke, Dp- V Sec)' 



Note. — The Act passed by the Government of New York, prohibiting 
the carrying Provisions to the French, has not been found.— Ed. 



Voted That Mr. Speaker, Thomas Millet and Peter Oilman Esqs 
and Matthew Livermore be a Committee of this House to joyn 
with such as may be appointed by the Honorable the Council to 
consider of the speech made by his Excellency this day to the 
£p. 522.] Hon bIe the Council and Assembly, and make Report 
thereon as soon as may be what they think necessary and expe- 
dient to be done by this Province relative thereto. Sent up by 
Messrs Gidding & Knight. [Concurred & Committee added.] 



Tuesday, March 18 th , 1755. 

Mem". II. Sherburn jun. Esq. took the oath of secresy before 
Mesheeh Weare Esq. the 14 th inst. 

Thomas Packer, Esq. Sheriff of the Province bro't into the 
[House] an information in writing setting forth the Ruinous state 
of the Province Goal, etc. 

The House adjourned till three of the clock 

P. M. 

Capt. Israel Oilman and Mr. Jonathan Lovewell took the oath 
of seeresy. 

Whereas Thomas Packer Esq. Sheriff of the Province of New 
Hamp r hath this day informed this house that his Maj* 78 Goal is 
in such a condition, That unless there be something immediately 
done by way of Repair, no prisoner can be held & kept there, and 
also that there have been lately repeated Breaches made upon and 
Escapes from said Goal, Therefore Voted, That Richard Jennes, 
Esq., and Mr. Jonathan Lovewell be a Committee of this House 
to joyn with such as may be appointed by the Honorable the Coun- 
cil to examine into the condition of the s' 1 Goal and to make or 
cause to be made such Reparations as they shall judge necessary 



1755.] JOURNAL OF THE HOUSE. 361 

(for the present time) and that the expense thereof be defrayd out 
[p. 524.] of that part of the Interest of the Loan of Twenty-five 
Thousand Pounds appropriated to & for the Prison and that the s d 
Com tce render an ace* of their proceedings unto the General As- 
sembly. 

Sent up with the Sheriff's Information. [Concurred and com- 
mittee added.] 

The copy of the Report of the Committee appointed to con- 
sider of his Excellency's speech on y e 12 th Inst, as follows to wit: 

Province of New Hamp r March 15 th , 1755. 

The Committee of both Houses appointed y e 12 th Instant to consider of 
and report upon his Excellency's speech made to both houses on y e s d 12 th 
day, viz, What may be tho't necessary or expedient to be done by this 
Province relative to the affairs therein recommended, Do Report, viz. 

That agreeable to the said vote we have had his Excellency's Speech 
and the sundry other papers therein mentioned and referred to before us, 
and are fully convinced that the fort built and Garrisoned by the French 
at or near the place called Crown Point on the southerly end of Lake 
Champlain, is within the undoubted limits of our Sovereign Lord King 
George, hisdominions, and therefore that the erecting said Fort was at 
first an Encroachment on his Majesty's Territory's: That it has ever 
been the place from whence the St. Francis and other Indians in League 
with the French King's subjects have made their Incursions on his Majes- 
ty's subjects of New England as well as New York, killing and Captivating 
[p. 525.] at every opportunity not only in the time of declared war be- 
tween tlie two Nations, the English and French, but in the time of the 
most profound peace, many instances of which are too recent to be par- 
ticularly mentioned here : — We are therefore humbly of opinion That the 
erecting of a strong Fortress in that part of his Majesty's Dominions, 
and as near to the said French fort as the situation of the land and other 
concurring circumstances may admit, is of the last Importance to the 
very being of all his Majesty's Colonys, and as a junction of several of 
the said Colonys and Provinces hath been proposed as absolutely neces- 
sary to effect this important work by carrying this projection into speedy 
execution, and have the same now under their respective Deliberation, 
and it being probable that some of the more Southern Governments, the 
most productive of provisions, will choose to lessen their Quotas of men 
and augment their Quotas of provision, warlike stores &c. and as the 
men of this Province by perpetual necessity are more used to arms and 
enured to fatigue and the climate for action the same with that of their 
own habitations, overlooking all Rules of Proportion in regard to Quotas 
in this critical conjuncture and which is never to be drawn into Precedent 
in any future Expedition or undertaking with any or all his Majesty's said 
Colonys or Provinces ; and therefore do propose, That his Excellency 
the Governour as soon as it shall appear to him that the other Governm ts 
concerned have made the necessary Provision of men and provision of 
warlike stores, he be then desir'd to cause to be enlisted six hundred men 
[p. 526.] to joyn with those that are or may be raised in his Majesty's 
other Governments afores d , to be imploy'd in the s d intended Expedition, 
and that the Expence that shall accrue for wages be born by this Prov- 
ince for six months unless the Expedition be over sooner; That they be 
also subsisted at the charge of this Province with provisions till they 
shall arrive at the place of Gen 1 Rendezvous and no longer, supposing 
Provisions and warlike Stores will be therein Season provided for them; 
and as an Encouragement to such volunteers as shall Inlist in this Expe- 



362 PROVINCE OF NEW-HAMPSHIRE. [1755, 

dition, that his Excellency be desired to engage that each man shall have 
a good Blankett to be delivered at the time of their setting forward on 
the said Expedition : That they shall also receive fifteen shillings new 
Ten 1 " for providing themselves with arms and if such arms are inevitably 
lost or spoiled to be paid the value thereof: That they shall be freed 
from all military Impresses for three years after the Expedition shall be 
over, and that their Wages be three pounds fifteen shillings N. Ten r pr 
month from their first muster till the time of their discharge. 

By order, Theodore Atkinson. 

Upon reading the foregoing Report, Voted that it be accepted 
with this alteration namely, That instead of six hundred men being 
raised at the Expence and charge of this Government, the number 
do not exceed four hundred, and also that a way be found out for 
raising money to defrey the charge. 

Sent up by Esq. Page. 

[p. 527.] The House adjournd till tomorrow nine of the clock 
by order of the Speak 1 ". 



Wednesday, March 19 th 1755. 

Met according to adjournm*. Rob* Hale Esq sent a memorial 
into the house signifying his desire of coming into the house and 
being heard on the vote of this House upon the Report of the 
Committee appointed to consider of and make Report upon his 
Excellency's speech of the 1.2 th Inst, which memorial being read, 
Rob 1 Hale Esq the memorialist was admitted into the House and 
heard — whereupon J. Mcmurphy Esq. was sent up to the Council 
to inform them that y e house desir'd to withdraw the afores d Re- 
port and vote thereon. [Granted.] 

The Sec y bro't into the House the said Report and vote thereon. 

The house adjourn'd till three of the clock 

P. M. 

Voted That the House will reconsider their vote upon the Re- 
port of the Com tee appointed to consider of and Report upon his 
Excellency's Speech of the 12 th Inst, and put off till tomorrow 
morning for the Reconsideration thereof. 

The house adjourned till to morrow morning nine of the clock by 
order of the Speaker. 



Thursday, March 20 lh 1755. 

Upon reconsidering the vote of this House of the 18 th Inst, upon 
the Report of the Committee appointed to consider of and Report 
upon his Excellency's speech of the 12 th Inst. Voted, That the 
[p. 528.J said Report be accepted with the following alterations 



1755.J 



JOURNAL OF THE HOUSE. 363 



namely: — That instead of six hundred men being raised at the 
expense and charge of this Governm*— do not exceed flve him, 
dred including officers. That the exemption from military Im 
presses after the said Expedition shall be over shall not exceed one 
year, That each one who shall engage in the said Expedition shall 
have one months advance wages, provided a way can be found out 
to raise money to defrey the charge. [Concurred by Council and 
assented to by the Governor.] 

Mr. Zebulon Gidding desir'd his dissent might be enter' d against 
the vote afores d which was done. 

The house adjourn'd till three of the clock 

P. M. 

Mr. Joseph Thomas took the oath of secresy. 
The House adjournd till tomorrow morning nine o'clock by 
order of the Speak 1 ". 



Fry day March 21 st 1755. 
Met according to adjourning [and adjourned from time to 
time,] till 

[p. 529.] Tuesday, March 25 th , 1755. 

Post Meridiem. Capt. John Wentworth and Capt. Benjamin 
Stevens took the oath of secresy. 

Voted That there be a new Goal built in the Town of Ports- 
mouth in this Province of New Hamp r 'as soon as conveniently 
may be of such materials and Dimensions as shall hereafter be 
agreed upon by the General Assembly, and that Eleaz r Russell 
[p. 530.] Esq. be a Committee of this house to joyn with such as 
may be appointed by the Hon ble the Council to look out a suitable 
piece of ground to build a goal upon and make enquiry what the 
same may be purchased for and make Report thereof unto the 
General Assembly as soon as may be. Sent up by Mr. Knight. 
[Concurred.] 

The house adjourned till tomorrow morning nine of the clock by 
order of the Speaker, (a) 

(a) An additional Bill for prohibiting Trade with the Indians, passed 
and assented to by the Governor. Journ. C. p. 148. 

Letter from Gov. Shirley to Gov. "Wentworth. 
[Copied from Prov. Itec. B. I, p. 287.] 

(Extract) Boston, March 27 th , 1755. 

Sir — 

"lam sorry I am oblig'd to trouble your ExO* at this busy time, with the 
inclos'd Memorial : What adds greatly to the irregularity of>he thing com- 
plained of in it is, that the men in question were inlisted into his Majes- 



3G4 PROVINCE OF NEW-HAMPSHIRE. [1755. 

ty's service, the expence of w ch the Crown defrays, and the success of w ch 
is of the last consequence to his Maj l >' 8 Territories, w ch are the Barrier of 
his Eastern Colonies upon this Continent : Your Excy' s Governm 1 is as 
much interested in the preservation of them as that of the Massachusetts 
Bay, \v ch province will have in all probability 1700 of its men employ'd in 
it; and you will be pleas'd to consider that I have rais'd the 2000 men in 
consequence of strong and repeated orders of his Maj'y to me to concert 
measures with Lt. Gov r Lawrence for attacking the French forts in Nova 
Scotia. At this rate the Colony of Connecticut may take out of this ser- 
vice all the men raised there for it, and what the consequence of such 
proceedings may be, is uncertain. 

" The men w ch are thus taken from Major Fry are actually inlisted into 
his Majty's service and in his own pay for a particular service; and your 
Excy is sensible that it is expressly forbid by the Meeting Act, that the 
officers even of one of the King's own Regiments should receive soldiers 
that inlisted in another of his Regim ts . 

" I can make no doubt but that your Exc~ v will order the men to repair 
to Boston as soon as may be, and secure the man who inlisted them and 
has carry'd them out of the King's service in